Bail before arrest

In bail matters the District Criminal Court and Shariat Court have concurrent jurisdiction to entertain the applications for bail before arrest — Since long it has been the practice of superior judiciary to direct the applicants to approach the trial Court in the first instance — It is equally correct that in cases justified on facts the superior Courts have admitted the aggrieved person to bail before arrest where it has been brought to their notice that the circumstances of the concerned District, in and around the premises of Sessions Court are uncongenial — Supreme Court of Azad Kashmir and Pakistan have granted bail before arrest to avoid humiliation and disgrace apprehended by the applicant — The factor of social and political disputes are common in the developing countries like ours — Legal position remains the same that in spite of practice of superior Courts that accused should ordinarily approach the trial Court first unless compelling and exceptional circumstances are there to make it difficult for him to reach the trial Court. Liaquat Hussain Naqvi v. State 2006 SCR 347 (A)
Application for bail before arrest — Delay in disposal of — A period of more than one year has elapsed but the application for bail before arrest could not be disposed of — It should have been disposed of in one way or the other — Petitioner obtained bail before arrest and is prolonging the proceedings on various subterfuges — If such like applications are encouraged then peace, harmony and tranquility of the society will be jeopardized. Rabnawaz v. State 2009 SCR 56 (C)