ABDUL SUBHAN and anothers vs THE STATE
This matter concerns a bail before arrest application filed by two individuals, Abdul Subhan and Abdul Karim, who were implicated in a criminal case registered at Police Station Deeplo, District Mithi, involving the theft of four goats. The core legal question was whether the applicants were entitled to confirmation of their interim pre-arrest bail, given their contention of false implication due to political rivalry. The court observed that the applicants were associated with an opposition political party and argued that the prosecution's case was motivated by mala fide intentions to appease the ruling party during a by-election period. Although the State opposed the bail citing a specific role of firing attributed to the applicants, the State conceded that the firing was ineffective and resulted in no injuries. The court held that the prosecution's case appeared to be a mala fide act. Consequently, the court confirmed the interim bail previously granted to the applicants. The key principle laid down is that where a criminal case appears to be motivated by political victimization and mala fide, the court may confirm pre-arrest bail.
- Does the existence of political rivalry and potential mala fide intent by the prosecution justify the confirmation of pre-arrest bail?
- Is pre-arrest bail appropriate when the alleged firing by the accused is conceded to be ineffective and resulted in no injuries?
ORDER
1. ' MUHAMMAD MUJEEBULLAH SIDDIQUI, J.-In this case recorded at Police Station Deeplo, District Mithi, the applicants have been involved for committing theft of four goats.
2. ' Applicant Abdul Subhan, states that he is Principal of Hilal. Public School and applicant Abdul Karim, is a student of first year.
3. ' The learned counsel for the applicant has submitted that the applicants being respectable persons have been falsely implicated in the case on account of election rivalry. During the by- election, Mr. Shoukat Aziz, was the candidate of ruling party and the applicants were workers of the M.M.A. Candidate Dr. Mumtaz Memon.
4. ' Learned State Counsel, have opposed the bail application for the reason that specific role of firing has been attributed to the applicants. However, they have conceded that the alleged firing was ineffective and nobody sustained injury.
5. ' On the face of it, it appears to be a mala fide act on the part of prosecution just to please the ruling party by implicating the applicants belonging to the opposition, in this case for the theft of goats. Consequently, interim bail before arrest granted to both the applicants vide order, dated 23- 11-2004 is hereby confirmed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.