ZAHID KHAN vs The STATE through Prosecutor General, Punjab S — 2025 PLD 866 SUPREME-COURT

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

ZAHID KHAN VS The STATE through Prosecutor General, Punjab S. 498---Pre-arrest bail---Pendency---Practice of not arresting accused---Accused after dismissal of his pre-arrest bail by High Court, approached Supreme Court to seek pre-arrest bail---Held: Any practice whereby police authorities treat mere filing of a petition before Supreme Court as an implied stay or bar to arrest, despite dismissal of pre-arrest bail, indicates a misunderstanding of the purpose of pre-arrest bail---Such relief exists as an exceptional measure to protect individuals against arbitrary or mala fide arrest, where circumstances clearly warrant such protection---Once a competent Court has declined pre-arrest bail, it has necessarily determined that no such exceptional circumstances exist and arrest is lawful and necessary to ensure an effective investigation---Allowing mere act of filing another petition to operate as a de facto stay would render judicial determination meaningless, defeat the objective of ensuring prompt and fair investigation and risk abuse of process by enabling accused persons to indefinitely evade arrest without any legal basis---Judicial orders must remain binding and enforceable unless and until a competent Court expressly orders otherwise---Interim protection is not automatic; it must be specifically sought and expressly granted---In absence of such order, a refusal of bail remains fully operative and must be implemented promptly and in good faith by investigating authorities---Investigating officers and police authorities are legally bound to act upon Court orders dismissing pre-arrest bail immediately, without waiting for further instructions or presuming existence of any stay where none has been granted---Administrative convenience, internal practice, or mere pendency of higher-forum proceedings cannot justify or excuse failure to act in accordance with law---Petitioner withdrew his pre-arrest bail application---Petition was dismissed.

ZAHID KHAN vs The STATE through Prosecutor General, Punjab S — 2025 PLD 866 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 PLD