This matter arose out of a petition for pre-arrest bail before the Supreme Court of Pakistan. The primary legal question was whether an accused person, who was found innocent during police investigation and initially summoned by the trial court in a private complaint, is entitled to the grant of pre-arrest bail when faced with subsequent directions or apprehension of arrest. The Additional Prosecutor-General and the Investigating Officer submitted that there was no intent to arrest the petitioner, whereas the petitioner's counsel contended that the trial court directed his arrest despite the initial summoning order. The Supreme Court observed that the petitioner had been declared innocent during the investigation and initially merely summoned. Consequently, the Supreme Court converted the petition into an appeal, allowed it, and granted pre-arrest bail to the petitioner subject to furnishing bail bonds. The Court laid down that if an accused misuses the concession of bail, the trial court retains the authority to cancel the bail after providing a hearing.
' TASSADUQ HUSSAIN JILLANI, J.---Learned Additional Prosecutor-General submits that the learned trial Court has merely summoned the petitioner in a private complaint and there, is no order of his arrest. Adds that even the Investigating Officer, present in Court, does not want to arrest the petitioner.
2. Learned counsel for the petitioner submits that petitioner was prompted to move the pre-arrest bail petition because the learned Trial Court notwithstanding the initial order of summoning the petitioner directed his arrest.
3. Admittedly the petitioner was declared innocent during investigation and initially the learned trial Court had merely issued summons. In this view of the matter, we are inclined to convert this petition into appeal and allow the same and subject to petitioner's furnishing bail bonds in the sum of Rs, 50,000 with two sureties in the like amount to the satisfaction of learned trial Court, lie is admitted to pre-arrest bail. It is however, made clear that in case he misuses the concession of bail, it would be open for the trial Court to cancel the same after hearing him.