لاھور ہایئکورٹ کا ضمانت قبل از گرفتای کے موضوع پر انتہائی عالمانہ مفصل فیصلہ

 i). Power of the courts (including HC) to grant pre arrest bail is governed by the provisions of CrPC. The power and conditions for the exercise of such powers are expounded by the superior courts. SC has made a definitive pronouncement (PLD 1984 SC 192 & PLD 2009 SC 427) that before granting bail HCs must see that all the conditions prescribed by the Hon’ble SC are fulfilled; one of those being the clearly ascertainable malafide of the prosecuting agency and/or the complainant.

(ii). Mala fide should not only be asserted but it must be discernible from the facts of the case.

(iii). The rule is that all conditions must be fulfilled; the first of which is availability of evidence, tentative assessment of which casts sufficient doubt on the involvement of the Accused in the alleged commission of offence. Only when such evidence is itself lacking, strict proof of mala fide will not be required since in such cases the eagerness of police to arrest despite paucity of evidence will make it a case of probable mala fide.

(iv) When sufficient incriminating evidence (testimony of the eye witnesses, medico-legal report supporting the allegation of FIR etc.) is available, mala fide has to be specifically asserted with facts constituting such mala fide, in the absence of which pre-arrest bail cannot be granted.”

Case No. Crl. Misc. No.2255-B/2021
Muhammad Rashid Yasin Versus The State, etc۔
Decided on 27- 6- 2021