YASIR KHAN vs State S — 2022 MLD 1070 ISLAMABAD

Case information

Citation: 2022 MLD 1070 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: YASIR KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P

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

YASIR KHAN VS State S.498---Pre-arrest bail---Successive bail petitions---Scope---Obligatory for the accused to furnish satisfactory explanation for withdrawing the first pre-arrest bail petition at the time of entertaining the second pre-arrest bail petition---Unless there is satisfactory explanation, the second bail petition should not be entertained, because otherwise the accused would have an unchecked licence to abuse the concession of ad interim pre-arrest bail by misusing the court process, and hoodwink the police to prolong the investigation---While the accused has access to courts to seek pre-arrest bail, even successively for justifiable reasons, he cannot be permitted to abuse the concession of ad interim bail to stall the investigation and play hide and seek with the criminal justice system---If the accused fails to give satisfactory explanation for his withdrawal of the earlier pre-arrest bail petition and the need for filing the fresh one, his second or successive pre-arrest bail petition shall not be entertained.

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