IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Munib Akhtar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition No.1290 of 2021 
(Against the judgment dated 01.11.2021 passed by the Lahore 
High Court, Rawalpindi Bench in Crl. Misc. No.7752/2021) 
 
 
Muhammad Shoaib 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State & another  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Aftab Alam Yasir, ASC 
 
 
 
 
 
For the Respondent(s): 
N.R. 
 
Date of Hearing: 
06.12.2021. 
 
ORDER 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.- The petitioner, blamed 
to have violated Nadia Bibi, prosecutrix, inside her home, located within 
the precincts of Police Station Jatoi, District Muzaffargarh, on 
23.5.2021, unsuccessfully attempted for bail in anticipation to his 
arrest, 
first, 
through 
Criminal 
Miscellaneous 
No.7079-B/2021, 
dismissed as withdrawn before a learned Judge-in-Chamber of the 
Lahore High Court at Multan Bench; earlier dismissal, notwithstanding, 
he 
once 
again 
applied 
through 
Criminal 
Miscellaneous 
No. 
7752-B/2021, dismissed vide impugned order dated 01.11.2021, by the 
learned Judge in limine.  
 
Confronted with petitioner’s choice to withdraw the motion by his 
own election, the learned counsel pleaded that withdrawal being 
simpliciter without adjudication on merits of the case did not stand in 
impediment to re-hearing of the plea; an argument found by us as 
entirely beside the mark. It is by now well settled that an accused can 
maintain a subsequent bail petition, at post arrest stage, only on the 
strength of a fresh ground, accrued after dismissal of his first plea. It 
Criminal Petition No.1290 of 2021 
 
has been held by this Court in the case titled The State through 
Advocate General N.W.F.P. vs. Zubair Ahmed and 4 others (PLD 1986 SC 
173) that a ground earlier available but abandoned cannot be received 
as a fresh ground and, thus, consequences of withdrawal of a bail 
petition, made at any stage of hearing, cannot be quantified nor viewed 
as simpliciter and as such does not allow space for a second attempt in 
the absence of a newly accrued ground. For all intents and purposes, it 
is an abandonment, resorted to, more often than not, in the face of an 
impending dismissal. After withdrawal of a pre-arrest bail petition, 
exclusively maintained on the consideration of mala fide, hardly there is 
an occasion for a somersault. Petition fails. Leave declined.  
 
  
 
 
 
  
 
 
Judge 
 
 
Judge 
Islamabad, the 
6th December, 2021 
Azmat/- 
