IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Faisal Arab 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.169 of 2020 
(Against judgment dated 13.2.2020 passed by the 
High Court of Sindh, Karachi in Cr. Bail Application 
No.1327 of 2019) 
 
Ghulam Farooq Channa 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
Special Judge ACE (Central-I) Karachi & another  
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Ghulam Sajjad Gopang, ASC 
with petitioner  
 
For the State: 
N.R. 
 
Date of hearing: 
03.03.2020. 
 
JUDGMENT 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Avoiding arrest 
since 28.8.2019, in the wake of dismissals, Ghulam Farooq 
Channa, Secretary Union Council Jamshed Town, Karachi seeks 
bail in anticipation thereto; he is accused of having fabricated a 
fake death certificate of one Naseem Begum Chotani, on the basis 
whereof, his co-accused attempted to hoodwink judicial process to 
grab valuable properties vesting in the lady. Upon disclosure, the 
scam was reported to the Anti-Corruption Authorities and 
pursuant to an inquiry, the petitioner has been arrayed as accused 
alongside the accomplices.  
2. 
 
Learned counsel for the petitioner contends that 
alleged fabrication was reported after five years and in fact was 
committed by the officials at the higher rung and that the 
petitioner was being hounded as a scapegoat to save the real 
culprits; it is argued that the co-accused have since been enlarged 
on post arrest bail and, thus, petitioner’s remission into custody is 
not likely to serve any useful purpose, relative to investigation. 
3. 
 
Heard.  
Cr. Petition No.169 of 2020 
 
 
2
4. 
 
Grant of bail to an accused required in a cognizable 
and non-bail offence prior to his arrest is an extraordinary judicial 
intervention in an ongoing or imminent investigative process. It 
clogs the very mechanics of State authority to investigate and 
prosecute violations of law designated as crimes. To prevent arrest 
of an accused where it is so required by law is a measure with far 
reaching consequences that may include loss or disappearance of 
evidence. The Statute does not contemplate such a remedy and it 
was judicially advented way back in the year 1949 in the case of 
Hidayat Ullah Khan Vs. The Crown (PLD 1949 Lahore 21) with 
purposes sacrosanct and noble, essentially to provide judicial 
refuge to the innocent and the vulnerable from the rigors of abuse 
of process of law; to protect human dignity and honour from the 
humiliation of arrest intended for designs sinister and oblique. The 
remedy oriented in equity cannot be invoked in every run of the 
mill criminal case, prima facie supported by material and evidence, 
constituting a non-bailable/cognizable offence, warranting arrest, 
an inherent attribute of the dynamics of Criminal Justice System 
with a deterrent impact; it is certainly not a substitute for post 
arrest bail. 
The petitioner was at the helm of affairs when the bogus 
certificate was issued; cognizance on belated disclosure does not 
mitigate the culpability nor can be equated with mala fide.  Release 
of co-accused on post arrest bails is entirely beside the mark for 
the reasons stated above. View taken by the learned High Court of 
Sindh as well as the learned Special Judge (Central-I) Karachi is in 
accord with the law, being consistently followed by this Court till 
date. Petition fails. Leave declined.  
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
3rd March, 2020 
Not approved for reporting 
Azmat/- 
 
