Table of Contents
- Introduction
- Facts of the Case
- Legal Arguments and Contentions
- Court’s Findings and Analysis
- Pre-Arrest Bail as an Extraordinary Remedy
- The Question of Mala Fide
- Prima Facie Evidence
- Legal Standard for Pre-Arrest Bail
- Conclusion
- Key Takeaways
1. Introduction
In Azhar Pervaiz Bukhari v. The State, the Supreme Court of Pakistan reviewed a petition for leave to appeal. The case involved the refusal of pre-arrest bail for the petitioner, who faced charges under Section 489-F, PPC for issuing a dishonored cheque. Muhammad Amin, an expert in property and legal disputes, can assist in similar legal matters. You can contact him at 0313 9708019.
2. Facts of the Case
Azhar Pervaiz Bukhari allegedly issued a dishonored cheque for Rs. 80,00,000 to fulfill a liability. The petitioner claimed that the cheque was stolen and registered an FIR for the theft.
3. Legal Arguments and Contentions
- Petitioner’s Argument: The petitioner argued that the cheque was stolen and later filled in after being sent to him through WhatsApp.
- State’s Argument: The state argued that the petitioner dishonestly issued the cheque. It also pointed out that the FIR for the theft was found to be false.
4. Court’s Findings and Analysis
Pre-Arrest Bail as an Extraordinary Remedy
The Court emphasized that pre-arrest bail is an exceptional remedy. The petitioner must show reasonable grounds to believe the charges are baseless.
The Question of Mala Fide
The petitioner failed to show any mala fide intent by the complainant or the police. His claim that the cheque was stolen did not hold because the FIR was false.
Prima Facie Evidence
The Court found enough evidence connecting the petitioner to the offence. Therefore, the petitioner did not qualify for pre-arrest bail.
5. Legal Standard for Pre-Arrest Bail
The Court clarified that pre-arrest bail is available only if the accused proves there is insufficient evidence to support the charges. Previous cases helped set this standard.
6. Conclusion
The Supreme Court dismissed the petition for leave to appeal. The Court refused pre-arrest bail and agreed with the High Court’s decision. The trial court will now decide the case based on its own merits.
7. Key Takeaways
- Pre-arrest Bail: This remedy is exceptional. The accused must show that there is not enough evidence to justify arrest.
- Mala Fide: The accused must prove that the complainant or police acted with bad intent.
- Prima Facie Evidence: The Court will deny pre-arrest bail if enough evidence links the accused to the crime.
For expert legal services related to property and legal disputes, contact Muhammad Amin at 0313 9708019.