UBAIDULLAH vs State S — 2021 MLD 1720 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1720 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: UBAIDULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 498; S. 497

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

UBAIDULLAH VS State S.498---Pre-arrest bail---Purpose---Scope---Extra-ordinary relief of pre-arrest bail is meant for innocent persons to save them from humiliation and disgrace at the hands of police---Purpose of this remedy is to protect liberty and reputation of the citizens particularly in a case where the circumstances reflect that it is a case to be that of further inquiry on the basis of material on record---Power to grant bail under S.498, Cr.P.C., is not additional to or independent to S.497, Cr.P.C., and even while granting pre-arrest bail the provisions contained under S.497, Cr.P.C., are also to be kept in mind---Grant of bail or its refusal is essentially a matter of discretion to be exercised judiciously and not arbitrarily, and the facts of each and every case are to be considered separately and independently---Reasonable and plausible grounds must exist for grant of bail before arrest---Concept of pre-arrest bail was developed on three presumptions; firstly the accused is presumed to be innocent till he is found guilty; secondly, the accused should have a right to prepare his defence and prove his innocence before the Trial Court and thirdly, the accused should not be punished before the findings of his conviction are rendered by the Court.

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