MUDASSAR KHURSHEED vs State S — 2025 SCMR 1613 SUPREME-COURT

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MUDASSAR KHURSHEED VS State S. 498---Penal Code (XLV of 1860), Ss. 452, 354, 148 & 149---Constitution of Pakistan, Art. 185(3)---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, grant of---Further inquiry---Allegations against the petitioner were that he along with co-accused persons, duly armed with deadly weapons and forming an unlawful assembly in prosecution of common object committed trespass into the house of complainant, assaulted his mother with intent to outrage her modesty and inflicted blow on the head of complainant with butt of a pistol---Record showed that through the impugned order the High Court had extended extra ordinary concession of pre-arrest bail to co-accused persons but had refused the same concession to the petitioner on the sole ground that the role of inflicting blow on the head of the complainant with butt of the pistol had been specifically assigned to him---First Information Report would reveal that role of the co-accused was at par to a great extent with the role of the petitioner; therefore, on the rule of consistency the petitioner was also entitled to be treated at par with his co-accused---Even otherwise, offence under Section 354, P.P.C., was bailable whereas punishments of the offences under Sections 452, 148 and 149, P.P.C., did not fall within the prohibitory clause of Section 497, Cr.P.C.---In such like cases grant of bail was a rule and refusal thereof an exception---Legally speaking, if the relief of pre-arrest bail was refused to the petitioner, he would be entitled to post arrest bail keeping in view punishment of the offences with which he was charged---If accused person had a good case for post arrest bail then merely at the wish of the complainant, the accused could not be sent behind the bars for few days by dismissing his application for pre-arrest bail---Accordingly, petition was converted into an appeal and was allowed and he was granted pre-arrest bail.

MUDASSAR KHURSHEED vs State S — 2025 SCMR 1613 SUPREME-COURT

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