Pakistan Case Law
1999 SCMR 1316

DILDAR ALI vs THE STATE

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Citation1999 SCMR 1316
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No,177-L of 1998
Date1998-08-08
Judge(s)Raja Afrasiab Khan and Ch. Muhammad Arif, JT
Authored byRaja Afrasiab Khan
ResultInterim bail confirmed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

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.

Questions settled in this judgment
  • 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?
Laws & provisions referred
  • Section 409, Pakistan Penal Code 1860
pre-arrest bailfurther inquirycriminal breach of trustbail confirmationinterim bail

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

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