Sheikh MUHAMMAD AMIN vs THE STATE
The petitioner filed a bail application seeking pre-arrest bail in respect of FIR No. 116 of 2006 registered under section 489-F of the Pakistan Penal Code 1860 at Police Station Civil Line, District Faisalabad. The core legal question concerned the petitioner's entitlement to pre-arrest bail in light of his failure to appear before the trial court, non-furnishing of surety bonds, misuse of the concession of bail, and his involvement as found during the police investigation. The Lahore High Court held that the petitioner prima facie appeared connected with the commission of the offence and had misused the concession of pre-arrest bail granted earlier by the lower forum, disentitling him to the extraordinary concession of pre-arrest bail. The application was accordingly dismissed.
- Is an accused who fails to furnish surety bonds and absents himself from the trial court entitled to pre-arrest bail?
- Does a finding of guilt by the investigating officer affect the grant of pre-arrest bail?
- Can pre-arrest bail be dismissed when the accused prima facie appears connected with the commission of the offence?
- Section 489-F, Pakistan Penal Code 1860
ORDER
' SYED SHABBAR RAZA RIZVI, J.---The petitioner has filed this bail application for pre-arrest bail in FIR.
No,116 of 2006 dated 18-2-2006 registered under section 489-F, P.P.C. At Police Station, Civil Line, District Faisalabad.
2. The order of the learned Additional Sessions Judge dated 4-5-2006 shows that petitioner had failed to appear before the Court and he had also not furnished surety bonds as directed by that Court. The learned Additional Sessions Judge further noted that petitioner misuse the concession of pre-arrest bail. In the F.I.R. Petitioner stands nominated.
3. The learned counsel for the State submits that petitioner has been found guilty during the course of investigation.
4. In view of the above facts, the contention of the learned counsel for the petitioner that petitioner is innocent and deserves extraordinary concession of the pre-arrest bail from this Court cannot change the legal position under which accused person can be granted pre-arrest bail when prima facie, he appears not to be involved in the commission of an offence which is not the position in the present case. In view of conduct of petitioner before the Sessions Court and finding of the Investigating Officer, prima facie, the petitioner seems connected with the commission of offence.
Resultantly, this bail application of the pre-arrest bail is dismissed. 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.