One of the prime purposes of pre-arrest bail is to prevent the malafide prosecution of innocent persons.

 There is no cavil that pre-arrest bail is an extraordinary relief, which is to be extended in rare and exceptional circumstances to the accused but at the same time, one cannot lose sight of the fact that liberty of a person is one of the paramount and inalienable right guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973, which cannot be abridged lightly. One of the prime purposes of pre-arrest bail is to prevent the malafide prosecution of innocent persons. The term “malafide” is not a uniformly identified term. It can be gathered from the attending circumstances. Being a state of mind, the term “malafide” cannot always be proved through direct evidence, and it is often to be inferred from the facts and circumstances of the case.

It is well settled principle of law that once Court reaches at the conclusion that in case of dismissal of pre-arrest bail the accused would become entitle for his release on post-arrest bail then it would be a mere futile exercise to send him to prison.

Crl.Misc.No.1600-B of 2021
MALIK USAMA BIN TAHIR AWAN. Versus THE STATE & ANOTHER.