Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MASOOD AHMED alias MUHAMMAD MASOOD and anothers VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s):Qazi Muhammad Farooq, Abdul Hameed Dogar, Sardar Muhammad Raza
Khan Title: MASOOD AHMED alias MUHAMMAD MASOOD and anothers vs THE STATE Case No.: Criminal Petition No,282 of 2003 Date of Judgment:2003-10-09 Reported As: 2006 SCMR 933 Result: Pre-arrest bail refused Judgment ORDER ' QAZI MUHAMMAD FAROOQ, J.---The petitioners are involved in a case under section 337-F(vi)/34, P.P.C. Which was registered against them at Police Station, Gujar Khan, at the behest of one Javed Akhtar, vide F.I.R. No,357, dated 19-6-2003. Their application for bail before arrest was turned down by the learned Additional Sessions Judge, Gujar Khan on 11-7-2003 and a similar application moved by them in the High Court was dismissed on 16-7-2003. Hence this petition for leave to appeal. 2. Astonishingly, the learned Single Judge in the High Court did not advert to the merits of the case and declined the pre-arrest bail sought by the petitioners on the sole ground that they had not surrendered to the police after rejection of their application for bail before arrest at the lower forum. However, we are not inclined to remand the matter as in our view- it is not a fit case for grant of bail before arrest. 3. The accusation leveled against the petitioners in the F.I.R. Is prima facie supported by the medico legal report of the victim. Besides, the element of mala fide, which is a condition precedent for grant of bail before arrest, is missing. The contention with regard to cross version of the case raised by the learned counsel for the petitioner is too intricate to be considered at this stage. ' Consequently, the petition is dismissed and interim bail before arrest granted to the petitioners on 22-7-2003 is recalled. Their bail bonds stand cancelled. Pre-arrest .