Pre-arrest bail

  1. Pre-arrest bail is not a routine matter — Anticipatory bail granted where the accused is arrested for ulterior motives such as humiliation or unjustified harassment or where prosecution seems to be actuated to cause irreparable injury to reputation and liberty or political considerations in the apprehended arrest — Bail should be granted on the basis of strong circumstances — Gravity of offence also be kept under consideration. Basharat Khan v. Sher M. Khan 2000 SCR 278 (A)
  2. The accused-respondent has clearly mentioned the conditions precedent for grant of pre-arrest bail in his petition, i.e., the apprehension of his eminent arrest with effect of virtual restraint on account of ulterior motive of irreparable humiliation and causing irreparable injuries to his dignity, honour, reputation and liberty — Even the mala fide can be inferred from facts and circumstances of the case — The Court is empowered to take inference from the story of prosecution and this fact cannot be ruled out that accused-respondent being a close relative of other accused persons might have been falsely implicated in view of admitted animosity between the parties. Kareem Dad  v. Zaheer and another 2004 SCR 36 (C)
  3. —cancellation of—Held:the Courts having the powers of the Court of revision and appeal in the matter of cancellation of bail must distinguish the general principles of law regarding cancellation of bail, and order of pre-arrest bail be scrutinized more strictly as compared to that of post-arrest bail. Muhammad Rashid vs Muhammad Israr & others 2018 SCR 397 (E)
  4. —cancellation of—Held:principles for grant of pre-arrest and the post arrest bail are quite different— this Court, normally does not interfere in the bail granted by a court of competent jurisdiction— bail may be cancelled if it is substantiated that the discretion exercised in such a way that the settled principles on matter of pre-arrest bail have not been followed. Muhammad Rashid vs Muhammad Israr & others 2018 SCR 397 (G) PLJ 1997 SC (AJK) 349 rel
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