' This pre-arrest bail application has been filed by the petitioners in case F.I.R. No.77 of 2004 dated 29-3-2004, registered with Police Station Saddar Hasilpur under sections 302/324/148/149, P.P.C.
The pre-conditions for grant of bail before arrest have not been found enumerated in the bail application. It has been admitted in the application that an occurrence had taken place and a person of the complainant party had met with death due to infliction of injuries.
2. Prior to filing of this pre-arrest bail petition at one point of time, the accused had filed pre-arrest bail before the learned Additional Sessions Judge buf they had withdrawn it from that Court on 12- 4-2004 which was dismissed as withdrawn. After passing of this order, they again applied to the aforementioned Court, which application was dismissed on 13-4-2004. Astonishingly, in the F.I.R.
Lodged on 29-3-2004, the petitioners are still at large without any hindrance, and that too in a murder case. As found from the. F.I.R., there was use of weapons in the commission of the offence.
The recovery of those weapons has still to be made by the Investigating Officer. The inaction and uninterestedness of the Investigating Officer is clearly apparent who does not seem interested to arrest them. This lethargic attitude in a murder case of the Investigating Officer of the Police is deplorable. In fact, the petitioners want to get the bail before arrest order from this Court with intent to keep it in their pocket and to use it on an opportune moment, to use it as vehicle to blackmail the complainant and the police, which action of them cannot be approved by this Court. The grant of pre-arrest bail is an extraordinary remedy provided in exceptional circumstances when glaring mala fide is shown on the part of the prosecution and there is imminent apprehension of arrest, which is for purpose and intent of humiliation to innocent persons who are not involved in the case, and the purpose behind the arrest is other than which is being disguised by the prosecution. This concession cannot be granted to those who are already scotfree when the grant of pre-arrest bail is to act as strangulation of prosecution investigation, it is to be declined. There must be reasonable and plausible ground for grant of bail before arrest which cannot be claimed as a matter of right. This is a mere concession to save the respectable innocents, whose immediate arrest is motivated and manoeuvred one and the purpose behind it is not to investigate but to satisfy extraneous consideration and the power of arrest is to be 'used as a cloak to fulfil other needs, which are lacking in this case.
3. I am fortified by the following rulings to take this view, which are enumerated below:--
(i) PLD 1983 SC 82 (Murad v. Fazal-e-Subhan and another).
(ii) NLR 1980 Criminal Lah. 387 (Nazir Ahmad and 5 others v. Muhammad Shafi and The State).
(iii) PLD 1981 Lah. 599 (Shabbir Ahmad v. The. State).
(iv) 1987 PCr.LJ 1635 (Mureed v. The State).
(v) 1996 SCM R 71 (Muhammad Hussain v. State).
(vi) 1996 SCM R 74 (Muhammad Arshad v. State.
(vii) 2003 PCr.LJ 20 Supreme Court (AJ&K) (Muhammad Sadiq v. Muhammad Nisar and 7 others).
(viii)PCr.LJ 135 (Karachi) (Allandin, and 6 others v.The State).
(ix) 2003 SCM R 68 (Mst. Qudrat Bibi v. Muhammad Iqbal and another).
(x) 1999 PCr.LJ 1323 (Mst. Riaz Bibi v. Sardar and 3 others).
(xi) Therefore, the impugned order passed by the learned Additional Sessions Judge is not illegal and I do not see any reason to differ with that order. Hence this petition for bail before arrest is dismissed.
Pre-arrest Dail declined.