M. SHAHERYAR vs State S — 2025 PLD 90 KARACHI-HIGH-COURT-SINDH

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M. SHAHERYAR VS State S. 498---Penal Code (XLV of 1860), S.489-F---Dishonoring of cheques---Pre-arrest bail, confirmation of---Concurrent jurisdiction of High Court and Sessions Court to entertain pre-arrest bail directly---Scope---Applicant had approached High Court directly for the reason that police in connivance with the complainant had cordoned off the Sessions Court---By not availing one remedy, applicant had lost one opportunity without causing any prejudice to the complainant party---Superior court can entertain the application for pre-arrest bail and grant relief to the accused in appropriate cases where the accused could inter alia establish that he was prevented from approaching the lower Court in the first instance---If the accused was entitled to bail under the law on merit, consequences could not be taken into consideration while entertaining the bail plea of the accused, if he had directly approached High Court under S.498, Cr.P.C.---Applicant had succeeded in making out the case for the confirmation of the pre-arrest bail---Bail was allowed, in circumstances. S.498---Pre-arrest bail---Meaning and pre-requisites---Considerations for pre-arrest bail are different from that of post-arrest bail---Pre-arrest bail is an extraordinary relief, whereas post-arrest bail is an ordinary relief---While seeking pre-arrest bail it is the duty of the accused to establish and prove mala fide on the part of the Investigating Agency or the complainant---Bail before arrest is meant to protect innocent citizens who have been involved in heinous offences with mala fide and ulterior motives---Grant of pre-arrest bail essentially requires considerations of mala fide, an ulterior motive, or abuse of the process of law. S. 498---Pre-arrest bail---Proof of mala fide---It is not possible in every case to prove the mala fide but the same can be gathered from the facts and circumstances of the case---If an accused person has a good case for post-arrest bail then merely at the wish of the complainant, he cannot be sent behind bars for a few days by dismissing his application for pre-arrest bail. S. 498---Pre-arrest bail---Concurrent jurisdiction of High Court and Sessions Court---Scope---Accused normally can approach in the first instance the Court of Sessions for bail before arrest as propriety so demands but depending on the compelling circumstances, an accused can approach the High Court directly by invoking its concurrent jurisdiction. S. 498---Pre-arrest bail---Merits of case, consideration of---Scope---While granting pre-arrest bail, the court can consider the merits of the case in addition to the element of mala fide/ulterior motives---Courts of law are under the bounded duty to entertain a broader interpretation of the "law of bail" while interpreting material placed before it arrive at a conclusion.

M. SHAHERYAR vs State S — 2025 PLD 90 KARACHI-HIGH-COURT-SINDH

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