Abu-ul-Hassan Versus State
The petitioner sought pre-arrest bail in case FIR No.774 registered under Section 365-B of the Pakistan Penal Code 1860 at Police Station Model Town, District Gujranwala. The core legal question was whether the petitioner made out a case for the extraordinary relief of pre-arrest bail. The Lahore High Court held that sufficient material was available on record connecting the petitioner with the alleged abduction, as call detail records showed he was in touch with the missing abductee, and no mala fide or ulterior motive for false implication by the complainant was established. The petition was consequently dismissed and the ad-interim pre-arrest bail was recalled. The key principle laid down is that pre-arrest bail is an extraordinary relief granted only in extraordinary situations where arrest is actuated by mala fide, and the petitioner must satisfy the court regarding the absence of reasonable grounds connecting him to the offence.
- Whether pre-arrest bail can be granted without establishing mala fide on the part of the complainant?
- Does connection through mobile call detail records constitute sufficient material to deny pre-arrest bail in an abduction case?
- What are the basic conditions required to be satisfied while applying for pre-arrest bail under the Code of Criminal Procedure, 1898?
- Section 365-B, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
Order
Muhammad Amjad Rafiq, J .--- Petitioner seeks pre-arrest bail in case FIR bearing No.774 dated 17.04.2025 registered under section 365-B P.P.C. at Police Station Model Town, District Gujranwala.
2. Heard. Record perused.
3. Petitioner is nominated in the FIR with specific allegation that he abducted sister of the complainant for the purpose of commission of Zina with her and said girl is missing till date. Police officer states that as per CDR abductee was found in touch with the present petitioner, therefore, his person is required for the purpose of investigation to get a clue towards her whereabouts. At present sufficient material is available on the record to connect the petitioner with the commission of alleged offence because he was lastly found in touch with the missing girl through mobile. Apparently, his false implication is not spurred out from the record. The concession of pre-arrest bail is an extraordinary relief, which is meant only for innocent persons where the intended arrest of an accused is found to be actuated with mala fide on part of the complainant or the police. I have not seen any malice or ulterior motive on part of the complainant to falsely implicate the petitioners in this case; therefore, they are not entitled to the extraordinary relief of pre-arrest bail as claimed for. Reliance is placed on cases reported as "Gulshan Ali Solangi and others v. The State through P.G. Sindh" (2020 SCMR 249). In this respect, reliance is further placed in case reported as "Ahtisham Ali v. The State" (2023 SCMR 975), it has been held that:-
"It is well settled exposition of law that the grant of pre-arrest bail is an extraordinary relief which may be granted in extraordinary situations to protect the liberty of innocent persons in cases lodged with mala fide intention to harass the person with ulterior motives. By all means, while applying for pre-arrest bail, the petitioner has to satisfy the Court with regard to the basic conditions quantified under section 497 of the Code of Criminal Procedure, 1898 ("Cr.P.C") vis- -vis the existence of reasonable grounds to confide that he is not guilty of the offence alleged against him and the case is one of further inquiry."
4. In view of the above, the instant petition stands dismissed and ad-interim re-arrest bail already granted to the petitioner is hereby recalled.
JK/A-72/L Bail recalled.