Abdul Ghaffar vs State S — 2026 PCrLJ 282 HIGH-COURT-AZAD-KASHMIR

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Abdul Ghaffar VS State S. 498---azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) act (X of 1985), Ss. 10 & 18---Offence of zina, attempt to commit unnatural offence---Pre-arrest bail, refusal of---accused-petitioner was alleged to be using a rented premises for purposes of committing zina---Pre-arrest bail was an extra-ordinary relief which was to be extended in rare and exceptional circumstances to the accused---Undeniably, the right to liberty was a fundamental constitutional guarantee, nevertheless when an individual was accused of heinous offences i.e. permitting an unlawful use of property in particular for others, the Courts must exercise their extraordinary discretionary powers with heightened vigilance and circumspection---This is imperative because pre-arrest bail is not an absolute right but an exceptional remedy, and its grant in such sensitive matters requires a meticulous balancing of the accused's fundamental right to liberty against the paramount public interest in preventing heinous crimes, ensuring the integrity of the investigative process and safeguarding the victims well-being and dignity---It is trite law that pre-arrest bail is not a routine entitlement---Given the heinous nature of the alleged acts and their far-reaching detrimental impact on society at large, the accused in the matter at hand did not merit the concession of this exceptional relief, particularly where reasonable grounds for belief in the commission of such grave, non-bailable offences were discernable formed the initial record, negating claims of ulterior motive, mala fide or further inquiry into innocence---Pre-arrest bail application was dismissed, in circumstances.

Abdul Ghaffar vs State S — 2026 PCrLJ 282 HIGH-COURT-AZAD-KASHMIR

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