Law: Code of Criminal Procedure, 1898

Section: 498

Law: Pakistan Penal Code (PPC),1860

Section: 436, 427, 341, 506, 186, 147 ,149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 436, 427, 341, 506, 186, 147 & 149--Pre-arrest bail, grant of--Applicability of S. 436, PPC-- This is a pre-arrest bail, and only a tentative assessment of evidentiary material produced before Court is to be made at this stage--It is trite that, when considering a bail application, whether post-arrest or pre-arrest, in context of a bailable offense, Court has no discretion to deny bail to accused--In such circumstances, granting of bail is regarded as a right rather than a privilege.                                                                                               [Para 3] A & B Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Bail--Pre-arrest--Mala fide-- It is trite that mala fide being a state of mind could not always be proved through direct evidence, and it was often to be inferred from facts and circumstances of case.                                                                                              [Para 5] C PLD 2021 SC 708. 2017 SCMR 2060 & PLD 1978 SC 256. Mr. Muhammad Mushtaq Ahmad Dhoon, Advocate for Petitioners. Mr. Fakhar Abbas, Deputy Prosecutor General for State. Date of hearing: 14.5.2025. Order Through…