IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.446-L of 2016 
(Against the order dated 05.03.2002 passed 
by the Lahore High Court, Lahore in Crl. Misc. 
No.4722 of 2019). 
 
Rana Abdul Khaliq 
…Petitioner(s) 
VERSUS 
The State, etc. 
…Respondent(s) 
 
 
For the Petitioner(s) 
: Qari Nadeem Ahmed Awaisi, ASC 
 
 
 
Respondent No.2 
: In person 
 
 
 
For the State 
: Mr. Mazhar Sher Awan, 
Additional Prosecutor General, 
Punjab with Tariq Mehmood, S.I. 
 
 
 
Date of Hearing 
: 13.05.2019 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.- Impugned herein 
is order dated 5.3.2019, whereby a learned Judge-in-Chamber of 
Lahore High Court admitted Muhammad Akram, respondent to 
bail in anticipation to his arrest; upon failure of a bank cheque 
issued by him towards re-payment of loan, he was required in a 
criminal case registered under Section 489-F of Pakistan Penal 
Code, 1860, The learned High Court confirmed ad interim bail on 
the ground that respondent did not ‘misuse’ ad interim bail and 
that he was going to be released on post arrest bail if at all, 
remitted into custody. The learned Judge in order to substantiate 
his point of view, referred to the case of Khalil Ahmed Soomro and 
others versus The State (PLD 2017 SC 730).  
2. 
 
Grant of pre-arrest bail is an extra ordinary remedy in 
criminal jurisdiction; it is diversion of usual course of law, arrest in 
cognizable cases; a protection to the innocent being hounded on 
trump up charges through abuse of process of law, therefore a 
petitioner seeking judicial protection is required to reasonably 
Criminal Petition No.446-L of 2019. 
 
 
 
 
 
2 
 
demonstrate that intended arrest is calculated to humiliate him 
with taints of mala fide; it is not a substitute for post arrest bail in  
every run of the mill criminal case as it seriously hampers the 
course of investigation. Ever since the advent of Hidayat Ullah 
Khan’s case (PLD 1949 Lahore 21), the principles of judicial 
protection are being faithfully adhered to till date, therefore, grant 
of pre-arrest bail essentially requires considerations of mala fide, 
ulterior motive or abuse of process of law, situations wherein Court 
must not hesitate to rescue innocent citizens; these considerations 
are conspicuously missing in the present case. The case referred to 
by the learned Judge-in-Chamber unambiguously re-affirms above 
judicial doctrine and thus reliance being most inapt is unfortunate 
to say the least.  
3. 
 
The respondent is in attendance; despite notice and 
knowledge, he has not arranged representation, seemingly as a 
strategy to win time and this does not absolve this Court to decide 
this case posted for hearing, at public expense. Impugned order 
being in contravention of settled judicial principles cannot sustain. 
This petition is converted into appeal and allowed, the impugned 
order is set aside and the bail granted to the respondent is 
cancelled.   
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
 
Lahore, the 
13th of May, 2019 
Ghulam Raza/* 
JUDGE 
 
 
