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Malafide must be Inferred from Circumstances, not merely Alleged; Pre-Arrest Bail cannot be denied merely on accusations, but must be supported by Incriminating Material --- Supreme Court of Pakistan

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Malafide must be Inferred from Circumstances, not merely Alleged; Pre-Arrest Bail cannot be denied merely on accusations, but must be supported by Incriminating Material --- Supreme Court of Pakistan

Islamabad 06-02-2025: The Supreme Court of Pakistan has dismissed a petition seeking leave to appeal against an Islamabad High Court (IHC) order granting pre-arrest bail to an accused in an attempted murder case. The decision, delivered by Mr. Chief Justice Yahya Afridi and Mr. Justice Shahid Waheed, underscores critical legal principles regarding bail, mala fide prosecution, and further inquiry.

The case arose from FIR at Police Station Sangjani, Islamabad, under Section 324/337-F(ii) PPC and Section 13(d) of the Arms Ordinance. According to the Petitioner, the accused fired at his sons injuring a nine-year-old child. However, the Islamabad High Court (IHC) granted pre-arrest bail to the accused, citing insufficient evidence. The petitioner challenged this decision before the Supreme Court of Pakistan.

The Supreme Court of Pakistan noted that the prosecution failed to establish a direct link between the accused and the offence. The absence of crime empties at the crime scene and the recovery of the alleged weapon during the investigation meant that the case fell within “further inquiry” under Section 497(2) Cr.P.C. The Court reaffirmed that bail cannot be denied merely on accusations, but must be supported by incriminating material.

The Supreme Court of Pakistan ruled that mala fide cannot always be proved directly and must be inferred from the case’s circumstances. Bail cannot be denied based on unsubstantiated allegations. The High Court is not bound by the Sessions Court’s decision and is free to reassess the case independently.

The Court emphasized that it does not interfere in bail matters unless a legal error or miscarriage of Justice is evident. Since the High Court’s order was based on sound legal principles, the Supreme Court of Pakistan found no reason to intervene and dismissed the petition.

The petition for leave to appeal was dismissed, upholding the Islamabad High Court’s (IHC) decision to grant pre-arrest bail. The ruling aligns with previous Supreme Court of Pakistan judgments emphasizing “further inquiry” as a ground for bail, including Shahzada Qaiser Arfat Vs. State (PLD 2021 SC 708).