2022 SCMR 2055
O. XXIII, R. 8, first and second proviso---Criminal Procedure Code (V of 1898), S. 498---Constitution of Pakistan, Art. 185(3)--- Criminal petition filed before the Supreme Court challenging order of High Court whereby pre-arrest bail granted to the applicants by the Trial Court was recalled---Office objection raised by the Registrar relying on first proviso to Rule 8 of Order XXIII of the Supreme Court Rules, 1980---Legality---Bar contained in first proviso to Rule 8 of Order XXIII of the Supreme Court Rules, 1980, did not apply to the present case because of the reason that no order of imprisonment or fine as contained in Rule 8 was challenged before the Supreme Court---Case of the applicants (accused persons) was entirely on different footing and the same was not covered by first proviso to Rule 8, which required surrender to an order of imprisonment before availing the opportunity of filing petition before the Supreme Court---In the present case, the matter pertained to recalling of the order of pre-arrest bail granted to the applicants by the Trial Court---second proviso to Rule 8 would be applicable in the present case, which stated that the petitions involving bail before arrest may be entertained and posted for hearing if, the petitioner undertakes to appeal and surrender in Court---Counsel for the applicants in the present case stated at the bar that the applicants were ready and willing to appear and surrender before the Supreme Court---Office objection raised by the Registrar was not sustainable in the eye of law and the same was overruled--
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