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NAZAR MUHAMMAD vs State Ss — 2022 YLRN 78 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLRN 78 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Parties
NAZAR MUHAMMAD vs State Ss
Subject matter
Criminal
Provisions referred to
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

NAZAR MUHAMMAD VS State Ss. 498 & 497(2)---Pre-arrest bail---Scope---Pre-arrest bail was an extraordinary relief and the same had to be granted sparingly---No doubt the malafide was a sine qua non for grant of pre-arrest bail but the court could even look and evaluate the same from the facts and circumstances of the case---Apprehension of arrest of an accused being for ulterior motive that of humiliation and unjustified harassment was a sine qua non for pre-arrest bail---Purpose of grant of bail under S.498, Cr.P.C. was to protect the liberty and reputation of the citizen, even granting pre-arrest bail the provision of S.497, Cr.P.C. was also to be kept in mind---Reasonable grounds must exist for grant of bail before arrest. Head NotesCase Description

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