Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)---S. 498---Constitution of Pakistan (1973), Art. 185(3)---Pre-arrest bail, refusal of---Accused was specifically named in the F.I.R. with serious allegations---Extraordinary relief of pre-arrest bail could not be granted to such-like offenders---F.I.R. against the accused was not shown to have been lodged due to the mala fides of the police or the complainant which was the precondition for grant of pre-arrest bail---High Court on the said cogent and strong reasons had disallowed pre-arrest bail to accused, which called for no interference by Supreme Court in the discretionary powers exercised by the High Court---Pre-arrest bail was declined to accused accordingly. Murad Khan v. Fazal Subhan PLD 1983 SC 82 and Zia-ul-Hassan v. The State PLD 1984 SC 192 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---These petitions have been filed for pre-arrest bail. Ad interim relief was extended to him on 10-10-2007. 2. It appears that bonds, in pursuance of said order, submitted by him were not accepted by the Registrar and same had been returned. 3. Learned counsel stated that petitioner could not appear before the Special Judge, Anti-Corruption, therefore, the High Court instead of discussing the merits of the case ought to have remanded the case to the Special Judge, Anti-Corruption for re-considering his plea for bail before arrest. 4. On the other hand learned counsel appearing for the complainant as well as the State pointed out that petitioner remained absent for one or the other reason and availed benefit of bail before arrest extended to him by Special Judge, Anti-Corruption for a period of seven months and the High Court on having considered this fact as well as the merits of the case declined to grant bail to him. 5. We have heard learned counsel for the parties and…

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