Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)---S. 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail---Scope---Relief of pre-arrest bail was a judicial protection rooted into equity---Person accused of a cognizable offence scheduled as non-bailable can only claim protection of anticipatory bail by reasonably demonstrating that his intended arrest was contemplated by considerations that were mala fide and sinister, designed to abuse the process of law. (b) Criminal trial---Administration of justice---Incriminatory material discovered pursuant to disclosures by accused in custody---Relevance---For effective administration of criminal justice, it was most important that prosecution was allowed a meaningful opportunity to carry out and conclude the investigative process, as apart from readily available evidence in the aftermath of an incident, it may find incriminatory material that may possibly become available pursuant to disclosures in custody. (c) Criminal Procedure Code (V of 1898)---Ss. 497 , 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest and post-arrest bail---Scope---Pre-arrest bail was not to be used as a substitute or as an alternative for post arrest bail. Rana Muhammad Arshad v. Muhammad Rafique and another PLD 2009 SC 427 ref. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Having left home the preceding night, Muhammad Waseem, 24/25, was spotted dead with multiple gun wounds within the precincts of Police Station Saddar Multan at 8:40 a.m. on 26.10.2019; crime report lodged by his father Muhammad Ismail sans the names of culprits as well as motive, suspected for the crime, however, through a supplementary statement he nominated besides the respondents Muhammad Attique Khan, Muhammad Ismail and Muhammad Zain-ul-Abideen as the suspects. Deceased’s carnal designs on Muhammad Attique’s son Haris are alleged to have cost him his life. As the investigation progressed, the Investigation Officer recorded statements of as many as four witnesses, pointing their fingers upon the respondents as well as Muhammad Attique; latter assigned the fatal shots. The respondents, statedly, made separate confessions before the witnesses wherein they…

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