Right of pre-arrest bail is rare and very limited which could be extended in very strong and exceptional circumstances, which are based on malafide / enmity. Section 498 Cr.P.C. throw light on the topic of pre-arrest bail. This section empowers High Court or session court to grant pre-arrest bail in cases of exceptional nature. But such power has to be exercised according to rule and guiding lay down by superior courts.
According to Supreme Court in order to grant pre-arrest bail following conditions must be fulfilled.
- 1) Arrest being for ulterior motives such as humiliation and unjustified harassment.
- 2) Prosecution motivated to causes irreparable injury to the reputation and liberty.
- 3) Motivation of police on political consideration.
- 4) Heinousness of offence by itself not sufficient for refusal of bail.
Hence if we sum up the main conditions before grant of pre-arrest bail those are:
- 1) Genuine proved apprehension of imminent arrest.
- 2) Petitioner should physically surrender to the court.
- 3) Apprehension of harassment and under irreparable humiliation by unjustified arrest.
- 4) It should be otherwise fit case on merits.
In general course the petition is filled in the Court of Session but it can also be filed in High Court if there is responsible explanation. In practice a person who obtain the anticipatory bail ( Abori) go to police to help them in investigation and after hearing argument court whether confirm the bail or reject it.
in case where an accuse commits an offence out side the boundries of pakistan and come back to pakistan after commiting an offence then red warrant is issued against him then from where he will file a petition for pre arrest bial.
@umer
in that case bail application should be filed in respective high court
or if that warrant is directed to some specific court in Pakistan than to that court
In Case u/s 302,324,34, against my father aged 50,educationist & senior govt. School teacher. Decleared innocent by IO but Learned Majistrate ordered for challan and then bail application was filed in addl. Session court which was dismissed due to reason that statements of evidence were not recorded in trial court. Now what’s way to bail my father. Please help me.
remedies .1] pre-arrest bail in high court and then to supreme court in case of dismissal by high court because strong grounds of innocence are present in this case , 2] again file pre-arrest bail before the session court if fresh grounds occurse due to ipsi dixit of police. 3 ] if still no satisfaction then surrender before the concerned io and file post arrest bail before concerned session judge on grounds of being in column no. 2 of challan and benefit of doubts as benefit of every slightest doubt will go to the accused even at bail stage. relevant law on the subject 1999 pcrlj 582 2004 ylr 307 5] when the accused is released on bail then file a petition for acquittal under section 265-k cr pc before the trial court by SARDAR ALI KHAN 0301 5584974
Please claerify it with a kand mark case law..