2026 PLP 792 (SCMR)

ATHAR MINALLAH, J.

The petitioner has sought leave against the order of the High Court dated 11.07.2025, whereby his petition seeking post-arrest bail was dismissed. The petitioner was nominated in crime report No. 317 of 2025, dated 17.05.2025, registered at P.S. Karak, District Karak for commission of the alleged offences under sections 420, 406, 489-F and 34 of the Pakistan Penal Code, 1860 ('P.P.C.'). The petitioner has sought post-arrest bail and his petition was dismissed by the trial court vide order dated 14.06.2025. His bail petition was also dismissed by the appellate fora i.e. the learned Additional Sessions Judge, Karak vide order dated 20.06.2025. The learned High Court had also subsequently declined his post-arrest bail vide the impugned order dated 11.07.2025.

2. We have heard learned counsel for the petitioner, learned counsel for the complainant as well as the learned Additional Advocate General on behalf of the State. The record has been perused with their able assistance.

3. It is not disputed that the alleged offences fall in the category of non-prohibitory clause under section 497 of the Cr.P.C. The co-accused was alleged to have entered into agreements with various persons. Whether or not the offences to the extent of the petitioner are attracted requires further probe. As it is already noted, the offences fall under the non-prohibitory clause and the learned counsel for the complainant and the State counsel have not been able to show any exceptional circumstances so as to decline the concession of post-arrest bail. This Court has consistently held that while considering the grant of bail, where offences fall within the non-prohibitory clause, the granting of bail has to be considered favourably as a rule, but may be declined in exceptional cases. The extra ordinary and exceptional cases, inter alia, includes likelihood of abscondence of the accused; apprehension of the accused tempering with the prosecution evidence; and the danger of the offence being repeated

1. We are therefore, of the opinion that a case of further inquiry is made out. The investigation has been concluded to the extent of the petitioner and his further incarceration would not serve any useful purpose.

4. In view of the above, this petition is converted into an appeal and the same is allowed. The concession of post-arrest bail is extended in favour of the petitioner subject to furnishing bail bonds in the sum of Rs. 2,00,000/- (two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial court. Needless to mention that the observations made in this order are based on tentative assessment of the available record and they shall not, in any manner, prejudice the trial proceedings. JK/H-7/SC Appeal allowed. 1 Zafar Iqbal v. Muhammad Anwar and others (2009 SCMR 1488), Subhan Khan v. The State (2002 SCMR 1797), Tariq Bashir and others v. The State (PLD 1995 SC 34) and Raja Jafar Tariq v. Muhammad Nadeem Dar and others (2011 SCMR 1708).