2019 PLP 1129 (SCMR)
Rana ABDUL KHALIQ — Petitioner Versus The STATE and others — Respondents
| Citation | 2019 PLP 1129 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ |
| Parties | Rana ABDUL KHALIQ — Petitioner Versus The STATE and others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (c) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2019 PLP 1129 (SCMR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (c) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 1129 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 1129 (SCMR) (Rana ABDUL KHALIQ — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qari Nadeem Ahmed Awaisi, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against the order dated 05.03.2002 passed by the Lahore High Court, Lahore in Crl. Misc. No. 4722 of 2019)
Ss. 498 & 497(5)
Penal Code (XLV of 1860), S. 489-F
Pre-arrest bail, cancellation of
High Court confirmed ad interim bail of accused on the ground that he did not 'misuse' ad interim bail and that he was going to be released on post arrest bail if at all, remitted into custody
Held, that grant of pre-arrest bail was an extra ordinary remedy in criminal jurisdiction; it was diversion from usual course of law i.e. arrest in cognizable cases
Pre-arrest bail was a protection to the innocent who were being hounded on trumped up charges through abuse of process of law, therefore an accused seeking judicial protection was required to reasonably demonstrate that intended arrest was calculated to humiliate him with taints of mala fide
Pre-arrest bail was not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampered the course of investigation
Considerations of mala fide, ulterior motive or abuse of process of law were conspicuously missing in the present case
Petition for lave to appeal was converted into appeal and allowed and pre-arrest bail granted to accused was cancelled. Hidayat Ullah Khan's case PLD 1949 Lahore 21 ref.
S. 498
Scope
Grant of pre-arrest bail essentially required considerations of mala fide, ulterior motive or abuse of process of law.
S. 498
Constitution of Pakistan, Art. 185(3)
Penal Code (XLV of 1860), S. 489-F
Petition for leave to appeal filed before the Supreme Court seeking cancellation of pre-arrest bail granted to accused
Accused in attendance but not arranging representation/counsel despite notice and knowledge
Supreme Court observed that the accused by not arranging representation had seemingly used it as a strategy to win time but this did not absolve the Supreme Court to decide the petition posted for hearing at public expense
Petition for leave to appeal was converted into appeal and allowed and pre-arrest bail granted to accused was cancelled. Respondent No.2 in person. Mazhar Sher Awan, Additional Prosecutor-General, Punjab with Tariq Mehmood, S.-I. for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Impugned herein is order dated 5.3.2019, whereby a learned Judge-in-Chamber of Lahore High Court admitted Muhammad Akram, respondent to bail in anticipation to his arrest; upon failure of a bank cheque issued by him towards re-payment of loan, he was required in a criminal case registered under section 489-F of Pakistan Penal Code, 1860, The learned High Court confirmed ad interim bail on the ground that respondent did not 'misuse' ad interim bail and that he was going to be released on post arrest bail if at all, remitted into custody. The learned Judge in order to substantiate his point of view, referred to the case of Khalil Ahmed Soomro and others v. The State (PLD 2017 SC 730).
2. Grant of pre-arrest bail is an extra ordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being hounded on trump up charges through abuse of process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation. Ever since the advent of Hidayat Ullah Khan's case (PLD 1949 Lahore 21), the principles of judicial protection are being faithfully adhered to till date, therefore, grant of pre-arrest bail essentially requires considerations of mala fide, ulterior motive or abuse of process of law, situations wherein Court must not hesitate to rescue innocent citizens; these considerations are conspicuously missing in the present case. The case referred to by the learned Judge-in-Chamber unambiguously re-affirms above judicial doctrine and thus reliance being most inapt is unfortunate to say the least.
3. The respondent is in attendance; despite notice and knowledge, he has not arranged representation, seemingly as a strategy to win time and this does not absolve this Court to decide this case posted for hearing, at public expense. Impugned order being in contravention of settled judicial principles cannot sustain. This petition is converted into appeal and allowed, the impugned order is set aside and the bail granted to the respondent is cancelled. MWA/A-12/SC Bail cancelled.