Law: Criminal Procedure Code (V of 1898)

Section: 497(2)(5)

Law: Pakistan Penal Code, 1860

Section: 34,302,324

Pre-arrest Bail-- ----Extraordinary relief--Grant of pre-arrest bail is an extra ordinary remedy and is limited to exceptional and rare cases, that are based on mala fide, ulterior motive or where no offence is shown to have been committed on bare reading of FIR.. Mala fide or ulterior motive-- ----If any mala fide or ulterior motive to falsely involve accused/ respondent was apparent, he would have earlier surrendered before Court, but he opted not to surrender before Court of law and has been arrested after abscondence of more than three years, without any reasonable explanation, despite fact that his co-accused are facing trial since long. Pre-arrest Bail-- ----Pre-arrest bail is to be granted only in extraordinary situations to protect innocent persons against victimization through abuse of law for ulterior motives--Bail before arrest cannot be granted unless person seeking it satisfies conditions specified through sub-section (2) of Section 497 Cr.P.C., in other words he is required to establish existence of reasonable grounds leading to a belief that he was not guilty of offence alleged against him and there were in fact sufficient grounds warranting further inquiry into his guilt. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Cancellation of bail--FIR is lodged with promptitude and specific role is attributed--No doubt that bail cancellation is a harsh order and right of liberty is curtailed but on contrary equal treatment before law has more significance--A robust interpretation of facts and law requires that justice should not only be done but should be seen to have been done--Apart from that investigation in instant case is complete and trial has commenced, sufficient evidence has already been recorded, hence, High Court could not go deep into merits of case, lest it may prejudice case of any party--Lower Court has travelled beyond its jurisdiction and parameters set by superior Courts from time to time for grant or refusal of bail, in case of capital punishment--Impugned order is not only arbitrary and erroneous but is also in violation of principle of justice, which if allowed to remain in field then each and every case will be of…

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