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MURAD KHAN versus FAZL-E-SUBHAN

Bail prior to the arrest of Section 498A under appeal, the conditions for approval of pre-arrest arrest, illegal motions such as contempt and unlawful harassment, were dismissed from trial so as to injure dignity and liberty irrevocably. Police motivated by consideration not required to approve required arrest, trial, arrest and advance bail a hurt case, where the allegation was that the accused were implicated out of malice because they were the office bearers of the Pakistan National Alliance. It was further suggested that the accused was being victimized by the Government then in power, on account of they being the office-bearers of the opposition party and that the purpose of arrest was victimisation and humiliation.

The foregoing resume of the case-law since 1949 and the recent trend of authority would show that notwithstanding varied facts, this Court always thought it necessary to look for such circumstances which would furnish then assumption that the police was motivated on political considerations or other ulterior reasons, before granting pre-arrest bail.

In this case, with respect, it is pointed out that the learned Judge in the High Court failed to notice the principles discussed above. Learned counsel for the respondent remained unable to satisfy us with regard to the condition of mala fide of the intended arrest. It was, therefore, not a fit case for grant of anticipatory bail, though after arrest the petitioner would have been at liberty to urge the point on the basis of which the impugned order was passed.

We accordingly set aside the impugned order and allow this appeal with the direction that the respondent shall surrender to the proper custody.

S. A. H. Appeal allowed.