Mudassar Ghafoor vs The State etc.
The petitioner sought pre-arrest bail in a criminal case registered under Sections 409, 467, 468, 471, and 109 of the Pakistan Penal Code 1860, read with Section 5 of the Prevention of Corruption Act 1947 and Sections 36 and 37 of the Electronic Transactions Ordinance 2002. The core legal question concerned whether an accused who has remained a fugitive from law for a prolonged period without justification is entitled to the extraordinary concession of pre-arrest bail. The Lahore High Court held that an unexplained and unjustified period of remaining a fugitive from law disentitles the accused to pre-arrest bail and amounts to an abuse of the process of law. The key principle laid down is that a petitioner who remains fugitive from law for an extended period without a plausible explanation cannot be granted pre-arrest bail.
- Does an unexplained period of being a fugitive from law disentitle an accused to pre-arrest bail?
- Whether an accused who remains away from the process of law for a long period can be granted the extraordinary concession of pre-arrest bail?
- Section 409, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 5, Prevention of Corruption Act 1947
- Section 36, Electronic Transactions Ordinance 2002
- Section 37, Electronic Transactions Ordinance 2002
Mudassar Ghafoor, the petitioner seeks pre-arrest bail in case FIR No.82 dated 19.08.2013 offences under Sections 409, 467, 468, 471, 109 PPC read with Sections 5 of Prevention of Corruption Act, 1947, as well as 36 & 37 of Electronic Transaction Ordinance, 2002, registered with Police Station FIA CCC/CBC, Lahore.
2. The prosecution story, in brief, is that with regard to the bank account of Mr. Kazim Ali Malik, three supplementary ATM cards were deceitfully got issued from HBL Mall Road Branch, Lahore, in the names of three women pretending them to be the wives of account holder and on different occasions different persons including present petitioner who thrice withdrew the amount from the said account.
3. Before adverting to the prayer made in the petitionthough ad-interim in nature, It has been noticed that application filed by the present petitioner before the learned court of first instance for the relief of pre-arrest bail was dismissed on 19.03.2014 and after that till today, the petitioner remained fugitive from law. Now after expiry of about fifteen months, the petitioner has come up to this Court seeking the extra ordinary relief of pre-arrest bail that is to be granted to the accused only in special circumstances. Moreover, the petitioner has given no ground for remaining away from the process of law for such a long period as mentioned above and such an act on the part of the accused amounts to abuse of process of law. Reliance in this regard is placed on Rao Qadeer Khan v. The State (PLD 1981 SC 93). Even during the arguments, learned counsel for the petitioner has miserably failed to furnish any plausible reason for the uncalled-for conduct of the petitioner.
The unexplained and unjustified period of petitioner's being fugitive from law disentitles him of the craved relief and as such, he does not merit any leniency. In such a scenario, we are of the opinion that the petitioner does not deserve the extra ordinary concession of pre-arrest bail, hence the instant petition is dismissed.