NAVEED AHMED vs State S — 2023 YLR 1449 KARACHI-HIGH-COURT-SINDH

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NAVEED AHMED VS State S. 498---Penal Code (XLV of 1860), Ss. 420, 406 & 34---Cheating and dishonestly inducing delivery of property, criminal breach of trust and common intention---Pre-arrest bail, refusal of---Failure to join investigation---Misuse of bail facility---Involvement of accused in cases of similar nature---Scope---Accused sought pre-arrest bail in an FIR lodged under Ss. 420, 406 & 34, P.P.C.---Admittedly, accused had not joined the investigation and misused the concession of pre-arrest bail as allegations of issuing threats were made by the complainant---Accused was a habitual offender of committing such type of offences and was involved in number of cases---Name of accused appeared in the FIR and he had not uttered a single word as to why he was falsely involved in the case---Prima facie, reasonable grounds were available for believing that the accused had committed the alleged offence---Ingredients for grant of pre-arrest bail were missing in the case---Petition for grant of pre-arrest bail was dismissed, in circumstances. Citation Name: 2023 YLR 1449 KARACHI-HIGH-COURT-SINDHBookmark this Case NAVEED AHMED VS State S.497---Bail---Tentative assessment---Scope--- Court, for deciding bail application, has to observe tentatively and deeper appreciation of evidence is not required. Citation Name: 2023 YLR 1449 KARACHI-HIGH-COURT-SINDHBookmark this Case NAVEED AHMED VS State S. 498--- Pre-arrest bail--- Scope---Grant of bail to an accused required in a cognizable and non-bailable offence prior to his arrest is an extraordinary judicial intervention in an ongoing or imminent investigative process---Such clogs the very mechanics of State authority to investigate and prosecute violations of law designated as crimes---To prevent arrest of an accused where it is so required by law is a measure with far reaching consequences that may include loss or disappearance of evidence---Statute does not contemplate such a remedy and it was judicially advented way back in the year 1949 in the case of 'Hidayat Ullah Khan v. The Crown' [PLD 1949 Lahore 21] with purposes sacrosanct and noble, essentially to provide judicial refuge to the innocent and the vulnerable from the rigors of abuse of process of law; to protect human dignity and honour from the humiliation of arrest intended for designs sinister and oblique---Remedy oriented in equity cannot be invoked in every run of the mill case, prima facie supported by material and evidence, constituting a non-bailable/cognizable offence, warranting arrest, an inherent attribute of the dynamics of Criminal Justice System with a deterrent impact: it is certainly not a substitute for post-arrest bail.

NAVEED AHMED vs State S — 2023 YLR 1449 KARACHI-HIGH-COURT-SINDH

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