2022 LHC 6
Perusal of Section 498-A Cr.P.C. clearly reveals that presence of the accused before the Court for pre-arrest bail in the case is a must/mandatory and without his presence, pre-arrest bail cannot be grante.By now it is well settled that a thing prescribed to be done by a statute in a particular manner should be done in that manner only and in no other way or it should not be done at all.
Pre-arrest bail is, as a matter of fact, an order to restrain police/investigating agency from arresting the accused in a case. It may be ad-interim pre-arrest bail, confirmed pre-arrest bail or protective/transitory ad-interim pre-arrest bail in a case. When an accused files petition and appears first time in a case for pre-arrest bail before the Court having jurisdiction to grant pre-arrest bail and said Court while summoning the record of the case restrains police/investigating agency from arresting the accused till date of production of the record, it is termed as “ad-interim pre-arrest bail” then after receipt and examination of record, if said Court restrains police/investigating agency from arresting the accused during trial and till decision of that case, it is called as “confirmed pre-arrest bail”; if accused appears before the Court for getting order qua restraining police/investigating agency from arresting him in a case till he approaches the Court (concerned) having jurisdiction to deal with his petition for pre-arrest bail and Court restrains police from arresting the accused in said case for a certain period and till certain date in order to enable said accused to approach the Court (concerned) for pre-arrest bail then it is called as “protective or transitory ad-interim pre-arrest bail”. However, all the three aforementioned categories are different forms of the pre-arrest bail.
Concept of pre-arrest bail after going through the evolutionary process has now attained a definite shape/nomenclature and Section: 498-A Cr.P.C. is now holding the field regarding basic requirements for maintainability of petition for pre-arrest bail.
Criminal Proceedings
79717/21
Abid Farooq Vs Federation of Pakistan etc
Mr. Justice Farooq Haider
12-01-2022
2022 LHC 6
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