Law: Pakistan Penal Code (PPC),1860

Section: 352, 337-A(iii)

Law: Criminal Procedure Code (V of 1898)

Section: 497, 498, 498-A

REMARKS

The impugned order of the learned court below reveals that the grounds made basis for the confirmation of the ad-interim pre-arrest bail already granted to the respondent/accused was nothing more but deeper appreciation of the record which is unwarranted at the bail stage. The learned court below has held the case of accused as one of further inquiry and even did not touch the basic ingredient of malafide or ulterior motives for false implication of the accused, which is a sine qua non for confirmation of pre-arrest bail. Though, the pre- arrest bail being an extra-ordinary relief, can only be extended in the cases where an accused does not prima-facie appears to have committed a non-bailable offence particularly when only oral allegations are leveled in the F.I.R. Thus, the learned court below fell into error while passing the impugned order, which calls for the interference of this court.
[BCA allowed, pre-arrest bail allowed to the accused by the lower fora is recalled.

Summary: Bail Cancellation
This is a bail cancellation case where the petitioner Assad Ullah challenged the confirmation of pre-arrest bail granted to the accused Dilawar Khan in an FIR registered under Sections 352 and 337-A(iii) PPC. The allegation was that Dilawar Khan physically assaulted the petitioner due to a property dispute. The trial court had granted bail considering it a case of further inquiry, but the High Court found that the essential requirement of mala fide or ulterior motive was not established by the accused. The High Court concluded that the trial court misapplied the law by granting anticipatory bail without proper legal basis. The bail was cancelled.