An accused seeking bail desires transfer of his custody from Superintendent of the Jail, where he is confined, to his surety who undertakes his production as and when required by the Court and for that he has to make out a case in accordance with the law applicable thereto; he cannot be allowed or required to barter his freedom. Similarly, grant of pre-arrest bail in a cognizable/non-bailable offence is a remedy, most extraordinary in the nature of judicial protection, extended by diverting usual course of law for the sole purpose of protecting reputation and honour of an innocent citizen, being hounded through abuse of process of law for purposes sinister and oblique; the protection is based upon equity and cannot be extended in every run of the mill criminal case prima facie founded upon incriminatory evidence, warranting custody for investigative purposes. Petitions are converted into appeals and allowed; orders impugned are set aside. Bail petitions filed by the appellants before the High Court of Sindh shall be deemed as pending for decisions afresh.
Civil Petition Nos.3031/2021, 1183/2021,
1184/2021 and 1290/2021
Maqbool Ahmed Mahessar & 2 others
Hafiz Suhail Ahmed & 3 others
Muhammad Pariyal Solangi
Nasrullah
Versus
NAB through its Chairman and others
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