Wasim Law Services
Pre Arrest Bail
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case laws
While Granting Pre-Arrest bail, the merits of the case can be touched.
2023 SCMR 1729
Theft — Ad – interim pre arrest bail , confirmation of — Further inquiry — Female accused — FIR was lodged after an inordinate delay of more than three months for which the complainant did not utter a single word — Co – accused of the petitioner , who was ascribed a similar role , had been granted post – arrest bail by the court of competent jurisdiction — Petitioner was a lady of advanced age — Maximum punishment provided under the statute for the offence under section 379 , P.P.C. was three years and the same did not fall within the prohibitory clause of section 497 , Cr.P.C .— Case of the petitioner squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into her guilt — Petition for leave to appeal was converted into appeal and allowed , and ad – interim pre – arrest bail granted to the accused was confirmed .
PLJ 2023 SC (Cr.C.) 311
420/468/ 471–Pre-arrest bail–Supplementary statement–No specific dates for commission of fraud–Co-accused granted pre-arrest bail–Principal accused granted post arrest bail–Merits of the case–Previous record of criminal cases–Wider net–Confirmation of–The complainant is the CEO of one (Pvt) Ltd where spare parts of motorcycle are manufactured and its scrap is sold to the scrap dealers–The son of the petitioner was servant of the complainant, who had been taking scrap to get it weighed and later sold to scrap dealer–Allegedly, he used to obtain two receipts, one of full weight and the later of less weight and used to deposit the amount in factory in accordance with the receipt of less weight and thereby caused a loss of Rs. 700,00,000/- to the complainant–Complainant nominated the present petitioner and his other family members in his supplementary statement–Entire fraudulent transaction took place in a span of more than two years and no specific dates for commission of fraud have been given–Principal accused has been granted post-arrest bail by the court of competent jurisdiction–Possibility cannot be ruled out that the petitioner has been involved in the case by throwing a wider net–Confirm the ad interim pre-arrest bail granted to the petitioner.
2024 S C M R 1605
If injury has been caused below knee, then applicability of Section 324 PPC requires further probe/inquiry within the purview of sub-section 2 of Section 497 Cr.P.C., however, if injury has been caused above knee on the (naeem)leg at thigh, then situation is otherwise because femoral artery, which is major blood vessel, is located in thigh starting from groin coming to the back of knee and it supplies oxygen-rich blood to the lower parts of the body. So, femoral artery if damaged can cause lower limb ischemia leading to amputation of limb, compartment syndrome as well as death (naeem)due to severe blood loss from a major artery in the leg, hence if firearm injury has been caused at thigh, then prima facie section 324 PPC is attracted.
Bail refused.
Crl. Misc.1584/25
Nasrullah alias Nasru Vs The State etc.
Pre Arrest Bail law services in lahore
Pre arrest bail in Pakistan, also known as anticipatory bail, is a legal remedy provided under Section 498 of the Criminal Procedure Code (CrPC), 1898, to protect individuals from arbitrary arrest in criminal cases. In a legal system where false FIRs and malicious litigation are not uncommon, this form of bail offers crucial protection for those falsely accused or facing imminent arrest due to personal enmity, business rivalry, or political vendettas. At Wasim Law Services, we provide expert legal assistance for pre-arrest bail across Lahore and other major cities of Pakistan. This guide explains everything you need to know about the procedure, legal requirements, case laws, grounds, and common questions related to anticipatory bail.
What is Pre-Arrest Bail?
Pre arrest bail is a legal protection granted by the court that allows a person, fearing arrest in a criminal case, to remain free while the investigation or legal process continues. It ensures that law enforcement agencies do not misuse their arrest powers or harass individuals without proper grounds. Legal Reference: Section 498 CrPC – Discretionary powers of High Courts and Sessions Courts to grant bail before arrest.
Purpose of Pre-Arrest Bail
To protect innocent individuals from illegal or unjust arrest. To prevent abuse of power by police or complainants. To provide the accused an opportunity to prove innocence.
Procedure for Filing Pre-Arrest Bail in Pakistan
1. Drafting the Bail Petition A professional bail petition is prepared citing: FIR number and police station Offense details Grounds for bail Proof of mala fide intentions or personal enmity Prayer for interim relief 2. Filing in Court Pre-arrest bail is usually filed in Sessions Court first. If rejected, the matter can be escalated to High Court. 3. Interim Pre-Arrest Bail The court may grant interim protection from arrest on the first hearing. Notices are issued to the police/complainant. 4. Final Hearing After hearing both parties and reviewing the police record, the court decides to either: Confirm the bail, or Reject the petition and cancel interim relief
Key Grounds for Pre-Arrest Bail in Pakistan
Here are some common and effective grounds for seeking pre-arrest bail: False FIR based on personal enmity or ulterior motive No recovery of crime-related items or weapons No direct role of the accused mentioned in the FIR Delay in registration of FIR Co-accused already granted bail The offense is bailable or falls under further inquiry The complainant has criminal history or political motives The accused is a first-time offender or respectable citizen Mala fide intention of police Civil dispute given criminal color
Common Offenses for Which Pre-Arrest Bail is Filed
489-F PPC – Cheque dishonor 420 PPC – Fraud or cheating 406 PPC – Criminal breach of trust 337-A to L PPC – Hurt/injury cases 376 PPC – Rape (complex bail proceedings) 302 PPC – Murder (bail in rare cases with strong grounds) 506 PPC – Criminal intimidation Cybercrimes under PECA 2016 NAB cases involving embezzlement or illegal assets
How Long Does Pre-Arrest Bail Last?
Interim Pre-Arrest Bail: Until the final decision of the bail petition. Confirmed Bail: Usually remains effective until the conclusion of the trial unless canceled by the court on misuse or non-cooperation.
Judicial Trends on Pre-Arrest Bail in Pakistan
Courts discourage routine grant of pre-arrest bail unless genuine mala fide is proven. Supreme Court emphasizes strict scrutiny of facts before granting relief. In white-collar crimes, courts are more liberal with bail unless serious economic harm is involved. Courts prefer interim relief to protect liberty until the matter is fully examined.
Can Pre-Arrest Bail Be Cancelled?
Yes. The complainant or prosecution can file an application to cancel bail if: The accused misuses liberty, Tampers with evidence or threatens witnesses, Violates bail conditions, Fails to appear in court.
Can I get pre-arrest bail without an FIR?
Yes, if there is a strong apprehension of arrest or threat from police, a protective bail may be obtained.
Can police arrest after the court issues interim bail?
No. Interim bail is binding until the next hearing.
