Law:

Section: 498

Criminal Procedure Code (V of 1898)--- ----S. 498---Bail before arrest---Principles and guidelines summarized---Grant of bail before arrest 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; bail before arrest cannot be granted unless the person seeking it satisfies the conditions specified through subsection (2) of S.497, Cr.P.C. i.e., unless he establishes the existence bf 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; not just this, but in addition thereto, he 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 i.e., he had no past criminal record or that he had not been a fugitive at law; and finally 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 petitioning the High Court for the purpose. Rana Muhammad Arshad v. Muhammad Rafique and another PLD 2009 SC 427 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Bail before arrest---Surrender of accused compulsory---Privilege of pre-arrest bail can only be availed of by a person who surrenders before the Court. 1999 MLD 1922 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Bail before arrest---Forum for filing the petition--Jurisdiction of High Court and Court of Session to grant bail is concurrent---No hard and fast rule can be laid down mandating in each and every case that a person must be compelled to go to the Trial Court and file pre-arrest bail application there instead of directly coming to High Court---High Court in appropriate cases can grant interim bail…

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