MUHAMMAD ARIF and 3 others vs THE STATE
This matter arises from an application for pre-arrest bail before the Sindh High Court filed by Muhammad Arif and three others seeking protection from arrest. The core legal question concerns whether the applicants are entitled to pre-arrest bail in circumstances where most of them are not named in the First Information Report and allegations of false implication due to enmity are raised. The Court held that the contentions raised regarding false implication and omission of names from the F.I.R. require consideration, and accordingly granted interim pre-arrest bail to the applicants subject to furnishing required surety and cooperating with police investigation. The key principle laid down is that where arguable points regarding mala fides, enmity, and non-attribution in the F.I.R. are raised, interim pre-arrest bail may be granted pending notice to the state and complainant.
- Are accused persons whose names are omitted from the F.I.R. entitled to consideration for pre-arrest bail?
- Does an allegation of false implication due to enmity warrant the grant of interim pre-arrest bail?
- What are the conditions typically attached to the grant of interim pre-arrest bail by the High Court?
ORDER
1. BIN YAMIN, J.---Granted subject to all just exceptions.
2. Learned counsel for applicant accused contends that except the name of applicant/accused Abdul Qadoos the name of three other accused are not mentioned in the F.I.R. He further submits that the case against the applicants/accused has been registered on false ground to humiliate and harass them. That the applicants/accused are respectable persons of the locality and are involved in this case, on false ground because of enmity. Point raised require consideration. In the meantime, interim pre-arrest bail is granted to the applicants/accused, subject to their furnishing surety in the sum of S.50,000 each with P.R. Bond of like amount to the satisfaction of the Nazir of this Court. The applicants/accused are directed to cooperate with the police for investigation. Issue notice to the A.G. Sindh and complainant for confirmation or otherwise.
Put off to 3-6-2008.