HAJI vs THE STATE
This matter comes before the Sindh High Court through a criminal bail application filed by the applicant, Haji, seeking pre-arrest bail. The core legal question concerns whether pre-arrest bail should be granted to an accused whose case is identical to co-accused persons who have already been granted bail and where the allegations against the accused are general in nature. The court held that the application should be allowed and the interim pre-arrest bail confirmed since the learned State counsel conceded that the applicant's case is identical to that of the co-accused and the allegations are general. The key principle laid down is that pre-arrest bail ought not to be withheld when the accused stands on the same footing as co-accused who have already received bail and the underlying allegations lack specific individual attribution.
- Whether pre-arrest bail can be granted when the case of the applicant is identical to that of co-accused who have already been granted bail?
- Should pre-arrest bail be withheld when the allegations against the accused are general in nature?
ORDER
1. ' In paras. Nos.9 and 10 of the application it is alleged that the arrest is being sought with mala fide intention in order to maltreatment, torture and humiliated the applicant at the hands of police. On merits learned State counsel Mr. Anwar Ansari concedes that the case of applicant is identical to the case of co-accused who have been granted bail, as the allegations are general in nature.
2. Indeed, this is a case in which concession of pre-arrest bail may not be withheld.
3. ' Consequently, the application is allowed and the interim bail is confirmed on same terms.
4. Interim .