DILDAR ALI vs THE STATE
This matter concerns a petition for pre-arrest bail filed by the petitioner, Dildar Ali, who was charged under Section 409 of the Pakistan Penal Code 1860 in a case registered at Police Station Chobara, District Layyah. The core legal question before the Supreme Court was whether the petitioner was entitled to the confirmation of interim pre-arrest bail, given the circumstances of the case and the arguments presented by the State. Upon reviewing the record and hearing arguments from both the petitioner's counsel and the Assistant Advocate-General, the Court determined that the case against the petitioner required further inquiry. Consequently, the Court held that the interim pre-arrest bail previously granted to the petitioner should be confirmed. The petition was accordingly converted into an appeal and allowed. The judgment reinforces the principle that where a criminal case involves allegations that necessitate further investigation or inquiry, the confirmation of interim pre-arrest bail is appropriate to protect the liberty of the accused pending the final determination of the matter.
- Is a case requiring further inquiry a valid ground for confirming interim pre-arrest bail?
- Can a petition for pre-arrest bail be converted into an appeal and allowed by the Supreme Court?
- Section 409, Pakistan Penal Code 1860
ORDER
' RAJA AFRASIAB KHAN, J.---On 5th of August, 1998, interim pre-arrest bail was allowed to the petitioner by this Court in a case registered against him under section 409, P.P.C. With Police Station Chobara District Layyah. Notice was also issued to the State. In compliance with the above order, Miss Yasmin Sehgal, learned Assistant Advocate-General has appeared to oppose the grant of pre-arrest bail to the petitioner.
2. After hearing the learned counsel for the parties and perusing the record with their assistance, we have been persuaded to confirm the interim bail allowed to the petitioner by this Court on 5-8- 1998 on the ground that this is a case of further inquiry. This being so, the interim pre-arrest bail allowed to the petitioner is hereby confirmed. This petition is converted into appeal and allowed.
Cited by 3 cases
- Rukhsana Bibi vs The State and another 2022 PCRLJ 1806
- Shahzada Qaiser Arfat @ Qaiser vs The State, etc 2021 PLD Supreme Court 708, 2021 P SC (Crl.) 589, 2021 SCP 134
- JAVED ALI Versus CHAIRMAN NAB 2017 PCrLJN 150