| Citation(s) |
|---|
| 2023 SLG 529 2023 SLD 529 2023 PCRLJ 678 |
Lahore High Court
Writ Petition No. 79717 of 2021, heard on 12th January, 2022. Date of hearing: 12th January, 2022.
FAROOQ HAIDER, J
Afzaal Ahmad Butt for Petitioner. Tariq Shafique Bhandara, Deputy Attorney General on behalf of
Respondents Nos. 1 and 2. Safdar Hayat Bosaal, Assistant Advocate General on behalf of
Respondents Nos. 3 to 11 along with Aftab, SI and Qasim, SI with Recor
Writ Petition No. 79717 of 2021, heard on 12th January, 2022. Date of hearing: 12th January, 2022.
FAROOQ HAIDER, J
Afzaal Ahmad Butt for Petitioner. Tariq Shafique Bhandara, Deputy Attorney General on behalf of
Respondents Nos. 1 and 2. Safdar Hayat Bosaal, Assistant Advocate General on behalf of
Respondents Nos. 3 to 11 along with Aftab, SI and Qasim, SI with Recor
ABID FAROOQ---Petitioner
VERSUS
FEDERATION OF PAKISTAN through Secretary Ministry of Interior and others-----Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 498,498-A
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 498, 498-A---Pre-arrest bail---Protective ad-interim pre-arrest bail---Scope---Accused sought protective ad-interim pre-arrest bail to enabling him to appear before the court---Accused was neither present in the court nor in the country rather he was statedly abroad---Presence of the accused before the court for pre-arrest bail in the case was a must/mandatory and without his presence, pre-arrest bail could not be granted---Petitioner being not maintainable was dismissed. Shazaib and others v. The State and others PLD 2021 SC 886 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Ad-interim pre-arrest bail---Confirmed pre-arrest bail---Confirmed pre-arrest bail---Protective ad-interim pre-arrest bail---Transitory ad-interim pre-arrest bail, explained. Pre-arrest bail is an order to restrain police/investigating agency from arresting the accused in a case. It may be ad-interim pre-arrest bail, confirmed pre-arrest bail or protective/transitory ad-interim pre-arrest bail in a case. When an accused files petition and appears first time in a case for pre-arrest bail before the court having jurisdiction to grant pre-arrest bail and said court while summoning the record of the case restrains police/investigating agency from arresting the accused till date of production of the record, it is termed as ad-interim pre-arrest bail, then after receipt and examination of record, if the court restrains police/investigating agency from arresting the accused during trial and till decision of that case, it is called as confirmed pre-arrest bail; if accused appears before the court for getting order qua restraining police/investigating agency from arresting him in a case till he approaches the court (concerned) having jurisdiction to deal with his petition for pre-arrest bail and court restrains police from arresting the accused in said case for a certain period and till certain date in order to enable said accused to approach the court (concerned) for pre-arrest bail then it is called as protective or transitory ad-interim pre-arrest bail. All the three categories are different forms of the…
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