Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 279,337-G,427,302,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), Ss. 279, 337-G, 427, 302, 34---Rash driving or riding on a public way, hurt by rash or negligent driving, mischief causing damage to the amount of fifty rupees, qatl-i-amd and common intention---Pre-arrest bail, grant of---Dishonest improvements---Scope---Prosecution case was that accused hit the complainant and his friends with his car while they were on motorcycle as a result of which one of the friends of complainant died on the next day---Other friend of complainant got recorded his statement under S. 161, Cr.P.C. wherein he stated that the accused had intentionally the motorcycle thrice at different points, which was done in furtherance of previous enmity---Complainant, injured and the accused hailed from the same vicinity and there could be no impediment in the way of complainant to identify the accused if he was recognized---Accused had remained unidentified, as a result, FIR was lodged against unknown accused alleging that he had caused injuries to the driver and riders of the motorcycle through rash and negligent driving---Improvements in the case of prosecution were for no other purpose except to tighten the screw of the accused---Petition for grant of pre-arrest bail was accepted, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Mala fide of prosecution---Scope---Pre-arrest bail is an extraordinary relief, which is to be extended in rareand exceptional circumstances to the accused but at the same time, one cannot lose sight of the fact that liberty of a person is one of the paramount and inalienable right guaranteed under the Constitution, which cannot be abridged lightly---One of the prime purposes of pre-arrest bail is to prevent the mala fide prosecution of innocent persons---Term mala fide is not a uniformly identified term---Being a state of mind, the term mala fide cannot always be proved through direct evidence, and it is often to be inferred from the facts and circumstances of the case. Shahzada Qaiser Arfat alias Qaiser v. The State and another PLD 2021 SC 708 rel. Khair Muhammad and another v. The State through P.G.…

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