MUHAMMAD ISMAIL and 3 others vs THE STATE
This matter concerns a petition for pre-arrest bail filed by Muhammad Ismail and three others, which the Supreme Court of Pakistan converted into an appeal. The core legal question addressed was whether the petitioners were entitled to the grant of pre-arrest bail in the circumstances presented. Upon consideration, the Court allowed the appeal and granted pre-arrest bail to the petitioners, subject to their furnishing surety in the sum of Rs. 2,00,000 each and executing personal bonds to the satisfaction of the trial Court. The Court established the principle that while bail is granted, the prosecution retains the right to apply for its cancellation should sufficient evidence against the petitioners emerge. In such an event, the trial Court is empowered to pass appropriate orders in accordance with the law. The petitioners were granted a ten-day period to furnish the required sureties, maintaining their existing bail status in the interim.
- Can a petition for pre-arrest bail be converted into an appeal by the Supreme Court?
- Does the grant of pre-arrest bail preclude the prosecution from seeking its cancellation if new evidence arises?
ORDER
1. ' ABDUL KADIR SHAIKH, J.-- For the reasons shown separately this petition is converted into an appeal and it is allowed with the result that petitioners are granted pre-arrest bail on their furnishing one surety each in the sum of Rs,2,00,000 (two lacs only) and executing personal bond in the like amount to the satisfaction of the trial Court. Petitioners are granted ten days time to furnish sureties and in the meantime shall remain on bail on the basis of surety bonds and personal bonds already furnished in the trial Court.
2. ' This order will however not prevent the prosecution from applying for the cancellation of petitoners' bail if sufficient evidence is produced against petitioners. On such an application being made it will be open to the trial Court to pass such order as may be deemed lit and necessary in accordance with law.