Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.----S. 498---.---Pre-arrest bail---.---Prescribed parameters---.---Grant of pre-arrest bail is an extraordinary relief to be granted only in extraordinary situations to protect innocent persons against victimization through abuse of law for ulterior motives; pre-arrest bail is not to be used as a substitute or as an alternative for post arrest bail; pre-arrest bail cannot be granted unless the person seeking it satisfies the conditions specified in subsection (2) of S.497, Cr. P. C. i.e., unless he establishes the existence of reasonable grounds leading to a belief that he was not guilty of the offence alleged against him and that there were in fact sufficient grounds warranting further inquiry into his guilt; in addition thereto accused must also show that his arrest was being sought for ulterior motive, particularly on the part of the police to cause irreparable humiliation to him and to disgrace and dishonour him; such a petitioner should further establish that he had not done or suffered any act which would disentitle him to a discretionary relief in equity, e.g. he had no past criminal record or that he had not been a fugitive at law; and in the absence of a reasonable and a justifiable cause, he must in the first instance approach the Court of first instance i.e. the Court of Session, before going to High Court for bail before arrest. (b) Criminal Procedure Code (V of 1898)---.--- ---.----S. 498---.---Pre-arrest bail---.---Forum for filing application for pre-arrest bail---.---Matter depends on the facts of each case---.---No universal, iron clad and water tight rule can be framed---.---High Court can directly entertain application for pre-arrest bail in the presence of reasonable compelling circumstances and the lower judicial forum of Sessions Court can be bypassed. Rais Wazir Ahmad v. The State 2004 SCMR 1167 ref. (c) Criminal Procedure Code (V of 1898)---.--- ---.----S. 498---.---Penal Code (XLV of 1860), Ss.427/447/511/34---.---Mischief causing damage, criminal trespass and attempt to commit offences---.---Pre-arrest bail, grant of---.---Opponent being Pakistan Air Force, apprehension of…

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