-Pre-arrest bail---Scope---Even the merits of the case can be touched upon while deciding a pre-arrest bail application.

 2022 MLD 911

S.498 ---Pre-arrest bail---Scope---Even the merits of the case can be touched upon while deciding a pre-arrest bail application.

S.498 ---Pre-arrest bail---Mala fide---Scope---Mala fide can be gathered from the facts and circumstances of the case.

S.498 ---Penal Code (XLV of 1860), Ss.376 & 342---Rape---Wrongful confinement---Pre-arrest bail, grant of---Scope---Complainant was married with the accused, relations between the parties remained cordial for some time, subsequently the complainant came to know that it was a third marriage of the accused and thereafter difference arose between the parties---Complainant alleged that the accused got filed a suit for dissolution of marriage before Judge Family Court after forcibly obtaining her signatures on the plain papers; that he also forced her to relinquish Haq-ul-Mehr; that after obtaining the decree of dissolution of marriage, accused retained the complainant with him and thereafter raped her for almost 8 months---Held; complainant had submitted an application before Special Judicial Magistrate for lodging her in Dar-ul-Aman but she had not described the facts mentioned in the FIR in her application before the Judicial Magistrate---Subsequently being annoyed with the accused and at the behest of her parents, complainant had got registered the present case---Accused had joined the investigation, nothing was to be recovered from him and no useful purpose would be served by sending him behind the bars---Petition for grant of pre-arrest bail was allowed, in circumstances.