MUHAMMAD ASHFAQ alias KAKA vs STATE

The petitioner sought pre-arrest bail in a criminal matter registered under Section 294-A of the Code of Criminal Procedure 1898 and Section 5 of the Prevention of Gambling Act 1977 at Police Station Vehari. The core legal question before the court was whether pre-arrest bail could be granted for offences that are bailable in nature. The Lahore High Court held that since both offences involved in the case are bailable, the petition for pre-arrest bail is disposed of with the direction that the petitioner shall appear before the Ilaqa Magistrate and submit the requisite bail bond. The key principle laid down is that where offences charged against an accused are bailable, the appropriate remedy is to furnish bail before the concerned magistrate as provided by law.