Malik MUHAMMAD ASHRAF Versus THE STATE
This matter concerns a petition for pre-arrest bail filed by Malik Muhammad Ashraf in relation to a criminal case registered under Sections 379 and 406 of the Pakistan Penal Code 1860 at Police Station Nila Gumbad, Lahore. The core legal question before the Court was whether the petitioner, who had been granted ad interim bail, was entitled to the confirmation of such bail pending trial. The Court observed that the petitioner had already joined the investigation and there were no allegations of misuse of the bail concession. Furthermore, the Court noted that the alleged offences did not fall within the prohibitory clause of the relevant law, and there was no evidence suggesting a risk of the petitioner absconding. Consequently, the Court confirmed the ad interim pre-arrest bail, subject to the petitioner furnishing fresh bail bonds. The Court established the principle that where an accused has cooperated with the investigation, has not misused the concession of bail, and the offence does not fall within the prohibitory clause, the confirmation of pre-arrest bail is appropriate.
- Is an accused entitled to confirmation of pre-arrest bail if the alleged offence does not fall within the prohibitory clause?
- Can pre-arrest bail be confirmed if the accused has joined the investigation and not misused the concession of bail?
- Section 379, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
ORDER
1. Malik Muhammad Ashraf son of Muhammad alias Soni approached this Court for grant of pre arrest bail in case F No.653 of 2002, dated 25-12-2002. registered with Police Station Ni Colony, Lahore under sections 379/406, P.P.C. at the instance of Hussain.
2. The petitioner was allowed ad interim bail on 20-1-2003 and he has joined the investigation and there is no allegation for misusing of concession of bail. The alleged offence does not fall under the prohibitory clause and there is no chance of his absconding, therefore, ad interim pre-arrest bail granted to the petitioner is confirmed subject to his furnishing fresh bail Bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court. However, it is observed that if and when required the petitioner will join the investigation failing which the prosecution or the complainant may approach this Court for withdrawal of concession of bail.
3. H.B.T./M-2430/L Ad interim bail confirmed.
Cited by 3 cases
- MUHAMMAD WARIS and 4 others vs THE STATE 2007 YLR 822
- Ch. MOHAMMAD ILYAS WATRAICH vs THE STATE 2005 YLR 787
- SHUJJAUDDIN and others vs THE STATE 2004 YLR 2909