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…

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