Law: Criminal Procedure Code (V of 1898)

Section: 498

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail --- For a pre-arrest bail personal appearance of accused (before the Court) was mandatory. (b) Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), Ss. 302, 324, 147, 149 337-L(2)---Murderous assault---Ad interim pre-arrest bail, confirmation of---No specific injury attributed---Probability of false implication---First Information Report (FIR) was lodged with the delay of almost 3 days and no explanation for such inordinate delay had been brought on record---Narration of FIR and evidentiary material collected by the police and presented before High Court showed no specific injury was attributed to the accused rather collective role had been assigned to him---Question as to whether the accused participated in the occurrence in the manner as mentioned in the crime report as well as culpability of the accused were issues, which could best be settled after recording of evidence---Prima facie, the prosecution lacked sufficient incriminating material to connect the accused with the commission of alleged offence and chances of his false implication with deliberation after consultation could not be ruled out---Moreover accused had joined investigation and no useful purpose would be served by sending the accused behind bars---Ad-interim pre-arrest bail granted to accused was confirmed in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Scope---Concession of pre-arrest bail being an extra ordinary relief was to be granted to protect the innocent from victimization and humiliation of police through abuse of law for ulterior motives. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 497 498---Pre-arrest bail---Scope---If an accused person had a good case for post arrest bail then merely at the wish of complainant, he could not be sent behind bars for few days by dismissing his application for pre-arrest bail. Khalil Ahmed Soomro v. The State PLD 2017 SC 730 and Shahzada Qaiser Arfat alias Qaiser v. The State and another PLD 2021 SC 708 ref. ORDER: MUHAMMAD TARIQ NADEEM, JUSTICE:---.--- Zubair Anwar petitioner No. 1 has not turned up…

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