Pakistan Case Law
2006 SCMR 933

MASOOD AHMED alias MUHAMMAD MASOOD and anothers vs THE STATE

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Citation2006 SCMR 933
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,282 of 2003
Date2003-10-09
Judge(s)Qazi Muhammad Farooq, Abdul Hameed Dogar and Sardar Muhammad Raza Khan
Authored byQazi Muhammad Farooq
ResultPre-arrest bail refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal arises out of an order of the High Court declining pre-arrest bail to the petitioners who are involved in a case under Section 337-F(vi)/34 of the Pakistan Penal Code 1860 registered vide F.I.R. No. 357 dated 19-6-2003 at Police Station Gujar Khan. The core legal question was whether the High Court was justified in dismissing pre-arrest bail solely on the ground of non-surrender to the police without considering the merits. The Supreme Court held that while the High Court erred in dismissing bail on the sole ground of non-surrender, the matter would not be remanded as the case was unfit for pre-arrest bail, given that the accusation is prima facie supported by the medico-legal report and the essential element of mala fide is missing. The petition is accordingly dismissed and interim pre-arrest bail recalled, laying down the principle that pre-arrest bail requires establishing clear mala fide and prima facie lack of support in the material on record.

Questions settled in this judgment
  • Can the High Court decline pre-arrest bail solely on the ground that the accused has not surrendered to the police after rejection of bail at the lower forum?
  • Is the element of mala fide a condition precedent for the grant of pre-arrest bail?
  • Whether intricate contentions regarding a cross version of the case can be considered at the pre-arrest bail stage?
Laws & provisions referred
  • Section 337-F(vi), Pakistan Penal Code 1860
  • Section 34, Pakistan Penal Code 1860
pre-arrest bailbail before arrestsurrender to policemala fidemedico-legal reportleave to appeal

ORDER

' QAZI MUHAMMAD FAROOQ, J.---The petitioners are involved in a case under section 337-F(vi)/34, P.P.C. Which was registered against them at Police Station, Gujar Khan, at the behest of one Javed Akhtar, vide F.I.R. No,357, dated 19-6-2003. Their application for bail before arrest was turned down by the learned Additional Sessions Judge, Gujar Khan on 11-7-2003 and a similar application moved by them in the High Court was dismissed on 16-7-2003. Hence this petition for leave to appeal.

2. Astonishingly, the learned Single Judge in the High Court did not advert to the merits of the case and declined the pre-arrest bail sought by the petitioners on the sole ground that they had not surrendered to the police after rejection of their application for bail before arrest at the lower forum. However, we are not inclined to remand the matter as in our view- it is not a fit case for grant of bail before arrest.

3. The accusation leveled against the petitioners in the F.I.R. Is prima facie supported by the medico legal report of the victim. Besides, the element of mala fide, which is a condition precedent for grant of bail before arrest, is missing. The contention with regard to cross version of the case raised by the learned counsel for the petitioner is too intricate to be considered at this stage.

' Consequently, the petition is dismissed and interim bail before arrest granted to the petitioners on 22-7-2003 is recalled. Their bail bonds stand cancelled.

Pre-arrest .

Cited by 5 cases

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