The Supreme Court of Pakistan has made a profound comment on the concept and practice of pre-arrest bail. In one of its recent judgements it has declared that judicial power to pre-arrest bail to be cautiously exercised with a view to protecting the innocent and is not extended in every run-of-the-mill criminal case.
"Grant of pre-arrest bail is an extraordinary remedy, essentially rooted into equity, a judicial power to be cautiously exercised with a view to protecting the innocent from the horrors of abuse of process of law, in prosecutions initiated by considerations and for purposes stained with the taints of mala fide; this judicial protection is not to be extended in every run-of-the-mill criminal case, with pleas structured on bald denials and parallel stories," a Supreme Court judge has reportedly stated in his order.
Pre-arrest bail is more commonly known as anticipatory bail since it is a legal relief in anticipation of a possible arrest. However, it has often been emphasized by experts that the applicant seeking pre-arrest bail on purported grounds that the prosecution has falsely implicated in the alleged crime. It needs to be noted that the Supreme Court of India ruled in 2008 that the pre-arrest bail provision in CrPC is the most abused.
Comments
Comments are closed.