1996 PLP 1444 (MLD)

‑‑‑‑S.498‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)(2)‑‑‑Interim pre‑arrest bail‑‑‑Sessions Court after having admitted the application of bail before arrest for regular hearing had erred in not granting interim bail to the accused‑‑‑On scrutiny of the bail application if the Sessions Court was not satisfied about its merits, it should have rejected the same instantly so that the accused could seek his remedy in the superior Courts without any let or hindrance‑‑‑Sessions Court after declining the grant of interim bail to accused should not have also fixed the bail application for regular hearing after 21 days but should have so fixed it at the earlier possible date so that the accused was not permitted to remain at large for a. long period and the "Sword of Damocles" was not kept hanging on his head for a long time‑‑‑Interim pre‑arrest bail was allowed to the accused in circumstances. PLD 1974 Lah. 493 and 1970 PCr.LJ 188 rel. Malik Muntazir Mehdi for Petitioner. Petitioner Syed Nadim Abbas sought interim pre‑arrest bail till such time the matter is finally heard and disposed of by learned Additional Sessions Judge, Multan on 28‑2‑1996, in case F.I.R. No.389/95 dated 28‑11‑1995, P.S. Gulgashat, Multan offence under section 10(3)(2), Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979. The petitioner was granted interim pre‑arrest bail by the learned Additional Sessions Judge, Multan. The petition was dismissed on 6‑2‑1996 on account of absence of the petitioner from the Court.

2. It is submitted that absence of the petitioner at the time of hearing on 6‑2‑1996 was not intentional or wilful but as a matter of fact the petitioner had to go to the toilet to meet thecall of nature.

3. Subsequently another petition for grant of pre‑arrest bail was moved on 7‑2‑1996 before the learned Sessions Judge, Multan which was entrusted to the same learned Additional Sessions Judge, and the learned Additional Sessions Judge admitted the petition to hearing and issued notice to the State for 28‑2‑1996. According to the learned petitioner counsel the interim pre‑arrest bail was not granted by the Court. Being aggrieved, this petition has been filed.

4. Learned petitioner's counsel contended that the very purpose of application for bail before arrest is defeated if the interim bail is not granted, as the petitioner is likely to be arrested by the police before the next date of hearing.

5. There is much force in the contention of the learned counsel. The very purpose of the application for grant of pre‑arrest bail is to avoid the humiliation of being arrested by the police. The grant of bail before arrest is rare but the Courts do grant bail before arrest where it is felt that the petitioner has probably been falsely involved in a case and is likely to suffer irreparable injury to his dignity, respect and reputation. As such once an application for bail before arrest is admitted by a Court for regular hearing it should, in fitness of things, grant interim bail to the petitioner so that he is not arrested in the meanwhile, because otherwise there is no fun in entertaining and admitting the application. Reliance is placed on PLD 1974 Lah. 493 and 1970 PCr.LJ 188.

6. I am of considered view that the learned Additional Sessions Judge has P erred in not granting interim bail to the petitioner, after admitting his application for regular hearing. The learned Additional Sessions Judge on scrutiny of the application, if was not satisfied about its merits, should have rejected the petition instantly so that the applicant can seek his remedy in the superior Courts without any let or hindrance.

7. It is strange enough that the learned Additional Sessions Judge after declining the grant of bail to the petitioner, fixed the petition for regular hearing' after about 21 days. In such cases, the matter should have been fixed for final hearing at the earliest possible date, because in cases, of bail before arrest the accused persons should not be permitted to remain at large for a long period and the "Sword of Damocles" should not be kept hanging on the petitioner's head for a long period, especially when the interim bail is not accepted. For what has been stated above, I grant interim pre‑arrest bail to the petitioner till 28‑2‑1996 provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned Additional Sessions Judge who is seized of the matter. The bail petition stands disposed of. N.H.Q./M‑8/L Interim bail allowed.