Syed ZAHEER-UL-HASSAN BUKHARI vs THE STATE And Another
This petition sought post-arrest bail for Syed Zaheer-ul-Hassan Bukhari in a case registered under Section 489-F, Pakistan Penal Code, following the refusal of his pre-arrest bail petition. The core legal question was whether the petitioner, who had been in custody for over two and a half months and was a previous non-convict, was entitled to post-arrest bail, especially since the alleged offence did not fall under the prohibitory clause of Section 497(1), Code of Criminal Procedure. The Lahore High Court accepted the petition, granting bail. The court reiterated the principle that considerations for pre-arrest and post-arrest bail are distinct. It held that in cases not attracting the prohibition of Section 497(1), Code of Criminal Procedure, granting bail is the rule and refusal an exception, requiring exceptional circumstances. The court further clarified that a petitioner's past status as a proclaimed offender, if they are now in custody for a significant period, does not constitute an exceptional circumstance warranting refusal of bail.
- Are the considerations for granting pre-arrest bail the same as for post-arrest bail?
- Is bail a rule or an exception in cases that do not fall under the prohibitory clause of Section 497(1), Code of Criminal Procedure?
- Does a petitioner's past status as a proclaimed offender, if they are now in custody for a significant period, constitute an exceptional circumstance to refuse post-arrest bail?
- What factors are considered when determining post-arrest bail in offences not covered by Section 497(1) Cr.P.C.?
- Section 489-F, Pakistan Penal Code
- Section 497(1), Code of Criminal Procedure
ORDER CH. IFTIKHAR HUSSAIN, J. Petitioner Syed Zaheer-ul-Hassan Bukhari through the instant petition has prayed for after arrest bail in case F.I.R. No. 861 registered under section 489-F, P.P.C., registered with Police Station, A-Division, Sheikhupura on 25-9-2009.
2. The facts of the case stood recorded in this Court's order dated 12-8-2010, in his pre-arrest bail petition i.e. Criminal Miscellaneous No. 8463-B of 2010. I, therefore, avoid to repeat the same here.
3. After hearing the learned counsel for the parties and perusing the record, I find that he is stated to be behind the bars since the day of his arrest i.e. 12-8-2010. He vide the afore-referred order was refused pre-arrest bail in this case. He now has conic with the plea for post-arrest bail.
4. It may be mentioned here that it is well settled proposition in criminal administration of justice that considerations for determining the question of pre-arrest bail are entirely different than the one for post-arrest bail. He is also stated to be previous non-convict.
5. The fact also remains that the alleged offence does not attract the prohibition contained in section 497(1), A Cr.P.C. Grant of bail in such like cases is a rule and refusal an exception. I hardly find any exceptional circumstance to warrant refusal of the relief to him. In this regard reference is made to the case of Tariq Bashir and 5 others v. The State (PLD 1995 SC 34) and Talib Hussain v. The State 2006 YLR 1452.
6. The learned counsel for the complainant during the course of his submissions has submitted that he had remained proclaimed offender. He now as said above is behind the bars since the above said date. This period comes to more than 2-1/2 months. So, this cannot be taken as an exceptional circumstance to refuse the relief to him.
7. In these circumstances, I find that the case for his enlargement on bail has been made out.
8. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.5,00,000 (Rupees five lac only) with two sureties each in the like amount to the satisfaction of the learned trial Court.