MUHAMMAD RAZZAQ vs STATE etc
The petitioner sought confirmation of his ad-interim pre-arrest bail in a case registered under Section 376(i) of the Pakistan Penal Code 1860, involving allegations of committing Zina-bil-Jabar with the niece of the complainant. The core legal question was whether the petitioner made out a case for the extraordinary relief of pre-arrest bail, particularly concerning the presence of mala fide or ulterior motives for false implication. The Lahore High Court held that the petitioner was specifically nominated in the FIR, found fully involved during the investigation, and failed to establish any mala fide or malice on the part of the complainant. Consequently, the court dismissed the petition and recalled the ad-interim pre-arrest bail. The key principle laid down is that pre-arrest bail is an extraordinary relief meant for innocent persons to avoid societal humiliation where arrest is motivated by mala fide, and in the absence of such mala fide, an accused facing serious allegations like Zina-bil-Jabar is not entitled to pre-arrest bail.
- Is an accused specifically nominated in an FIR for Zina-bil-Jabar entitled to pre-arrest bail without establishing mala fide?
- What is the scope of pre-arrest bail in criminal cases involving heinous offences?
- Does the absence of mala fide on the part of the complainant preclude the grant of pre-arrest bail?
- Section 376(i), Pakistan Penal Code 1860
ORDER
Muhammad Razzaq, the petitioner; after dismissal of his pre-arrest bail by the learned Court below , seeks confirmation of his ad-interim pre-arrest bail granted to him by this Court vide order dated 15.02.2019 in case FIR No, 857 dated 06.12.2018, registered at Police Station Shah Jamal, District Muzaf fargarh for an offence under Section 376 (i), PPC with the allegation of committing Zina-bil-Jabar with the niece of the complainant, hence this case.
2. Arguments heard. Record perused.
3. The petitioner has specifically been nominated in the FIR with the allegation of committing Zina-bil-Jabar with the niece of the complainant. During investigation, the petitioner was found fully involved in this occurrence. The victim is an unmarried girl. The grant of pre-arre st bail is an extra ordinary relief which is meant only for innocent persons in order to avoid their humiliation in the society where the intended arrest of an accused is found to be motivated by mala fide on part of the complainant or the police. I am unable to find out anything showing mala fide or malice on the part of the complainant to falsely implicate the petitioner in this case, therefore, he is not entitled to the extra ordinary relief of pre-arrest bail.
4. In view of above, the petition in hand is without any merit, the same stands dismissed.