Raja IBRAR HUSSAIN vs THE STATE
This matter concerns a petition for pre-arrest bail filed by the petitioner, who was accused of attempting to abduct the complainant while armed with a pistol. The core legal question was whether the petitioner was entitled to confirmation of pre-arrest bail in light of the specific allegations, his conduct during judicial proceedings, and the investigation findings. The Court observed that the petitioner was named in the F.I.R. and had been evading court appearances, having previously secured and misused bail concessions. Furthermore, the Investigating Officer found the petitioner guilty and noted that the weapon of offense remained unrecovered. Unlike his co-accused, the petitioner had not reached a compromise with the complainant. The Court held that because the alleged offenses fell within the prohibitory clause of the relevant bail statute, the petitioner was disentitled to the concession of pre-arrest bail. Consequently, the petition was dismissed, and the ad-interim bail order was recalled, establishing that misuse of bail concessions and the gravity of the offense are valid grounds for denying pre-arrest bail.
- Does the misuse of a bail concession by an accused person disentitle them from further bail relief?
- Is an accused person entitled to pre-arrest bail when the alleged offense falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can pre-arrest bail be denied if the accused has failed to appear in court and has been found guilty during the investigation?
- Section 342, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 514, Code of Criminal Procedure 1898
- Section 364, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' MUHAMMAD AKRAM QURESHI, J.--- Raja Ibrar Hussain, petitioner has sought pre-arrest bail in case F.I.R No,14 of 2008 dated 24-1-2008 registered under sections 342/506/148/149, P.P.0 at Police Station Kotli Loharan District Sialkot.
2. Precise allegations against the petitioner are that he while armed with pistol along with his co- accused attempted to abduct the complainant also extended threats to kill.
3. After hearing the learned counsel for the parties and going through the record, this Court has observed that the petitioner is named in the F.I.R. A specific allegation of attempting to abduct the complainant are levelled against him. The petitioner had been playing hide and seek with the Courts. He secured pre-arrest bail thrice from the lower Court. Even on 7-4-2008, when his pre- arrest bail application was adjudicated upon he was not present and the pre-arrest bail was decided in his absence. The learned Additional Sessions Judge issued notices under section 514, Cr.P.C. Against his sureties. An accused person who misuses the concession of bail disentitles him from the said concession which can be allowed to him in the normal course. During the investigation he was found guilty by the Investigating Officer. According to the Investigating Officer the weapon of offence is yet to be recovered from his custody. The co-accused affected a compromise with the complainant as a result whereof they were allowed pre-arrest bail in this case. Case of the petitioner is distinguishable with them and the complainant has not affected compromise with him. Punishment under sections 364/511, P.P.0 falls within the domain of prohibitory clause of section 497, Cr.P.C., therefore, the petitioner is not entitled to the grant of pre- arrest bail in this case.
4. In the above circumstance, no case is made out for the confirmation of the ad-interim pre arrest bail, resultantly, this petition is dismissed and the order dated 9-5-2008 granting ad-interim pre- arrest bail to the petitioner, is hereby recalled.
Pre-arrest
Cited by 3 cases
- AHMED HUSSAIN vs The STATE and another 2016 YLR 1503
- MUHAMMAD ARSHAD IQBAL BUTT vs THE STATE 2009 MLD 665
- MUHAMMAD ARSHAD IQBAL BUTT vs STATE PLJ 2010 Cr.0 (Lahore) 391