Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)---Penal Code (XLV of 1860), S. 452---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11---Cancellation of pre-arrest bail ---Order of High Court granting bail before arrest to the accused did not show that mala fides was pleaded as a ground for the grant of bail---Mere fact that the accused had been found innocent during one of the investigations, would not constitute any valid ground for extending the extraordinary concession of pre-arrest bail to him---Pre-arrest bail allowed to accused by High Court was cancelled in circumstances. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---This is a petition for leave to appeal by Mst. Bibi Rani against the order of a learned Single Judge of the Lahore High Court dated 31-10-1993 whereby he allowed bail before arrest to Najabat Ali respondent in a case under section 452 of the P.P.C. and Article 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. 2. The F.I.R. version is that on the night between 6/7th December, 1992 the petitioner and his co-accused armed with fire-arms and a hatchet trespassed into the house of the petitioner and forcibly abducted her daughter Mst. Maqsood Bibi. The petitioner had to file a writ petition for the registration of the case which was allowed and she lodged the F.I.R. on 2-2-1993. Mst. Maqsood Bibi returned home from the custody of the respondent and his co-accused after about a- fortnight. In her statement under section 164 of the Cr.P.C. she inter alia alleged that Najabat Ali respondent and his co-accused Manzoor and Mushtaq had been committing Zina-bil jabr with her during the period she remained in their forcible custody. The respondent was allowed bail before arrest by the High Court vide order dated 31-10-1993, the operative part whereof reads as under:-- "5. Two of the co-accused, namely, Sultan Ahmad and Balla have been allowed bail by this Court on 29-5-1993 (Crl. M.No. 1822-B-1993). Since in one of the investigations, the petitioner has been declared to be innocent it has become a case of…

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