Malik MUHAMMAD ASHRAF vs THE STATE
This matter concerns a petition for pre-arrest bail filed by Malik Muhammad Ashraf, who was booked under FIR No. 653 of 2002 at Police Station Nisther Colony, Lahore, for offenses under sections 379 and 406 of the Pakistan Penal Code 1860. The petitioner had previously been granted ad interim bail. The core legal question was whether the petitioner was entitled to the confirmation of pre-arrest bail given the circumstances of the case. The Court held that the petitioner was entitled to the confirmation of bail because he had already joined the investigation, there were no allegations of misuse of the bail concession, the alleged offenses did not fall within the prohibitory clause of the relevant law, and there was no likelihood of the petitioner absconding. Consequently, the Court confirmed the ad interim pre-arrest bail, subject to the petitioner furnishing fresh bail bonds, while emphasizing the condition that the petitioner must continue to join the investigation when required, failing which the prosecution or complainant could seek cancellation of the bail.
- Is pre-arrest bail confirmable when the alleged offense does not fall within the prohibitory clause?
- Does joining the investigation and not misusing the bail concession justify the confirmation of pre-arrest bail?
- Can pre-arrest bail be confirmed subject to the condition of future cooperation with the investigation?
- Section 379, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
ORDER
1. ' Malik Muhammad Ashraf son of Ali Muhammad alias Sonu has approached this Court for grant of prearrest bail in case F.I.R.
2. No,653 of 2002, dated 25-12-2002,registered with Police Station Nisther Colony, Lahore under sections 379/406, P.P.C. At the instance of Riaz Hussain 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. Ad interim .