Law: Pakistan Penal Code (PPC),1860

Section: 489-F

Law: Code of Criminal Procedure, 1898

Section: 499, 439

Summary The petitioner challenged the order dated 14.05.2024 whereby his pre-arrest bail in a case under Section 489-F PPC was confirmed subject to furnishing a Rs.3 million surety bond and Rs.3 million cash/bank guarantee. The High Court dismissed the petition because the petitioner himself had voluntarily submitted Affidavit Mark-A, expressly undertaking to furnish the same surety and bank guarantee within 30 days. On the basis of that undertaking, the Additional Sessions Judge confirmed his bail. The complainant had also consented to the conditional bail. The Court held that the petitioner could not, after obtaining the benefit of bail on the basis of his own undertaking, subsequently challenge the very condition he had voluntarily offered. Tagline  “An accused who voluntarily undertakes to furnish a specified surety or bank guarantee as a condition for confirmation of pre-arrest bail, and obtains the benefit of bail on that basis, cannot subsequently resile from or challenge the same undertaking in the absence of proof of coercion, duress, fraud or misrepresentation.” ORDER; Through the instant petition, the petitioner has assailed the order dated 14.05.2024 (“Impugned Order”), passed by learned Additional Sessions Judge-IV, East-Islamabad, whereby petitioner was directed to furnish cash/bank guarantee of Rs.3,000,000/- with the Court of learned Magistrate within 30 days while confirming ad-interim pre-arrest bail. Brief facts leading to the filing of the instant petition are that the petitioner filed his pre-arrest bail petition in case FIR No.4, dated 02.01.2024, u/s 489-F, PPC, registered at Police Station Humak, Islamabad. At the time of granting pre-arrest bail, the petitioner filed an affidavit Mark-A, wherein he undertook that he is ready to furnish surety bond of Rs.3,000,000/- and bank guarantee of Rs.3,000,000/- within 30 days, therefore, his ad-interim pre-arrest bail was confirmed through the Impugned Order subject to furnishing of surety bond as well as cash/bank guarantee as pre-condition contained in Mark-A to the satisfaction of learned Judicial Magistrate within 30 days, hence, this petition. Learned…