Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Power and object---Power under S.498, Cr.P.C., though of extraordinary nature, but were exercised, where the court would find that liberty and honour of a respectable citizen had been put at stake, due to some ill design---In such circumstances, it would become bounden duty of the court to protect the citizen, who would approach the court---Refusal of bail before arrest in heinous offences, like murder, was a rule and grant was an exception; and a heavy duty was cast on accused seeking bail before arrest to bring his case within exceptions i.e. mala fide, humiliation and ulterior motive on the part of complainant/Police---Object of S.498, Cr.P.C., was to prevent innocent persons from being unnecessarily harassed by being arrested in cases started by some motivated person. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 498---Penal Code (XLV of 1860), Ss.302, 458, 459, 506, 109 & 34---Qatl-i-amd, lurking house-trespass or house breaking by night, hurt caused whilst committing lurking house-trespass or house-breaking, criminal intimidation, abetment, common intention---Petition for cancellation of pre-arrest bail---Statements of prosecution witnesses recorded by the Investigating Officer, had revealed that all said statements were stereo-typed and parrot like statements and ditto copy of each other, charging accused and his co-accused for abetment---Co-accused was allowed bail before arrest by the same order, and with similar allegations of abetment as against accused, but cancellation of his bail had not been moved---Liberty of an accused could not be grudged on the assumption that his name found mentioned in the FIR---Mere mentioning of name of an accused in the FIR, was no ground for cancellation of bail before arrest, when no overt act had been attributed to him and when evidence to establish a prima facie case was lacking---Involvement of accused and his capability in crime would be adjudged by the Trial Court after recording of evidence---Trial Court, had exercised its discretion in a fair and transparent manner, which did not require indulgence by High…

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