| Citation(s) |
|---|
| 2006 SLG 299 2006 SLD 299 2006 MLD 485 |
Sindh High Court
Special Criminal Bail Application No.55 of 2005, heard on 19-12-2005
MUHAMMAD MUJEEBULLAH SIDDIQUI, J
Khawaja Shamsul Islam for Applicant. Mehmood Alam Rizvi, Standing Counsel for the State Tanveer Sibtain Mahmud for the Sales Tax Department assisting the learned Standing Counsel
Special Criminal Bail Application No.55 of 2005, heard on 19-12-2005
MUHAMMAD MUJEEBULLAH SIDDIQUI, J
Khawaja Shamsul Islam for Applicant. Mehmood Alam Rizvi, Standing Counsel for the State Tanveer Sibtain Mahmud for the Sales Tax Department assisting the learned Standing Counsel
IRFAN PARKAR--Applicant
VS
THE STATE
Law: Sales Tax Act, 1990
Section: 37
Law: Criminal Procedure Code (V of 1898)
Section: 498
(a) Criminal Procedure Code (V of 1898)--S. 498---Sales Tax Act (VII of 1990), S.37---Pre-arrest bail, refusal of---Accused could not show any act of mala fide on the part of prosecution and for the purpose of granting bail before arrest, condition precedent was that there should be mala fide on part of prosecution---If no evidence was at all available with prosecution and a citizen apprehended his arrest, then in such circumstances, it would be treated as an act of mala fide because a citizen could be deprived of his liberty if there was something tangible against him constituting commission of cognizable offence---Once it was shown that there was some evidence, then it was for the person approaching the Court to show that his intended arrest was mala fide for ulterior purpose or for political reasons or on account of some enmity or vengeance---If said condition precedent was not fulfilled in the wake of some evidence in possession of prosecution, then bail before arrest was not to be granted as provision for bail before arrest was not meant to hinder or hamper investigation, but was meant to protect the citizens from unnecessary humiliation or harassment and insult--,-Since no case of mala fide was made out, case was not fit for grant of pre-arrest bail. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 498---Grant of pre-arrest and after arrest bail--Consideration for---Distinction---Condition precedent for grant of pre-arrest bail was establishment of mala fide and for the purpose of granting bail after arrest, that was not the condition precedent and the Court while considering the plea of bail, would consider if there was any prima facie case made out against accused and whether it was a case of further inquiry under S.497(2), Cr.P.C.---Considerations for pre-arrest bail and post-arrest bail were entirely different. ORDER MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---This is an application for bail before arrest, The F.I.R. reads as follows:- "6. Facts of the Case.---The brief facts of the case are that in pursuance of an information that fake of Rs.3.91 million for tax period November, 2004 has been obtained by M/s P.Q. Enterprises, Karachi having…
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