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2021 SCMR 449
498---Anticipatory bail, grant of---Scope and grounds---Accused in a criminal case could not be granted anticipatory bail to subvert or undermine investigative procedure/process that essentially included arrest in order to bring the statutory exercise to its logical end for effective and meaningful prosecution of the offence through collection of information/evidence consequent upon arrest---Mala fide, manifestly intriguing upon the intended arrest, was the only justification to suspend or divert the usual course of law, a step which was most extraordinary by all means.
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2021 SCMR 554
S. 498---Pre-arrest bail, grant of---Scope and purpose---Grant of pre-arrest bail in a cognizable criminal case was an extraordinary remedy, cautiously granted to protect dignity and honour of a citizen, manifestly found being harassed or hounded through process of law actuated by motives, oblique and sinister, while taking into account the possible set back, likely to be endured by the prosecution during investigative process.
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2021 SCMR 1166
S. 498---Pre-arrest bail, grant of---Scope---Grant of pre-arrest bail in a cognizable/non-bailable offence was 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---Such protection was based upon equity and could not be extended in every run of the mill criminal case prima facie founded upon incriminatory evidence, warranting custody for investigative purposes.
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PLD 2021 SC 708
S. 498---Pre-arrest bail, grant of---Grounds---Mala fides of complainant---Scope---Mala fide being a state of mind could not always be proved through direct evidence, and it was often to be inferred from the facts and circumstances of the case.
S. 498---Constitution of Pakistan, Arts. 9, 10-A & 14(1)---Pre-arrest bail---Constitutional grounds for pre-arrest bail stated.
S. 498---Pre-arrest bail, grant of---Grounds---Mala fides of complainant---Scope and proof---In many cases, accused persons were granted pre-arrest bail after the court found that there were no reasonable grounds for believing their involvement in the commission of the alleged offences and the court did not require independent proof of mala fide on part of the police or the complainant before granting such relief---Despite non-availability of the incriminating material against the accused, his implication by the complainant and the insistence of the police to arrest him were the circumstances which by themselves indicated the mala fide on the part of the complainant and the police, and the accused need not lead any other evidence to prove mala fide on their part.
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2021 SCMR 130
S. 498---Pre-arrest bail---Purpose and scope---Concept of pre-arrest bail was exceptional, it had to be exercised sparingly---Purpose behind pre-arrest bail was to save innocent persons from false allegations, trumped up charges and malicious prosecution at the hands of the complainant party.
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2020 SCMR 168
S. 498---Pre-arrest bail, grant of---Scope---Grant of pre-arrest bail was an extraordinary remedy, essentially rooted into equity; it was a judicial power which was to be cautiously exercised with a view to protect the innocent from the horrors of abuse of process of law, in prosecutions initiated by considerations and for purposes stained with mala fide---Said judicial protection was not to be extended in every run of the mill criminal case, with pleas structured on bald denials and parallel stories.
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2020 SCMR 313
S. 498---Pre-arrest bail, grant of---Principles---Grant of pre-arrest bail was an extraordinary remedy, rooted into equity, to protect the honour and freedom of the innocent in criminal cases actuated by abuse of process of law for oblique motives and purposes---Such protection could not be extended in every run of the mill criminal case without grievously hindering the investigative process.
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2019 SCMR 1129
S. 498---Pre-arrest bail, grant of---Scope---Grant of pre-arrest bail essentially required considerations of mala fide, ulterior motive or abuse of process of law.
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