Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- -----S. 497--Pakistan Penal Code, 1860, S. 489-F--Bail after arrest--Court admitted respondent to bail in anticipation to his arrest; upon failure of a bank cheque issued by him towards re-payment of loan, he was required in a criminal case registered u/S. 489-F of Pakistan Penal Code, 1860--High Court confirmed ad interim bail on ground that respondent did not 'misuse' ad interim bail and that he was going to be released on post arrest bail if at all, remitted into custody-- principles of judicial protection are being faithfully adhered to till date, therefore, grant of pre-arrest bail essentially requires considerations of mala fide, ulterior motive or abuse of process of law, situations wherein Court must not hesitate to rescue innocent citizens; these considerations are conspicuously missing in present case--Case referred to by Judge-in-Chamber unambiguously re-affirms above judicial doctrine and thus reliance being most inapt is unfortunate to say least--Respondent is in attendance; despite notice and knowledge, he has not arranged representation, seemingly as a strategy to win time and this does not absolve this Court to decide this case posted for hearing, at public expense. Impugned order being in contravention of settled judicial principles cannot sustain--This petition is converted into appeal and allowed, impugned order is set aside and bail granted to respondent is cancelled. Bail-- ----Bail before arrest--Extraordinary--Grant of pre-arrest bail is an extra ordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being hounded on trump up charges through abuse of process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation. PLD 1949 Lahore 21. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Impugned herein is order dated 5.3.2019, whereby a learned…

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