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Consideration for grant of pre-arrest bail and post arrest bail .
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Criminal Petition Nos. 41-K & 42-K of 2023 S.C
As far as the principle enunciated by this Court regarding the consideration for
grant of pre-arrest bail and post-arrest bail are entirely on different footings is
concerned, we have noticed that in this case both the petitioners are ascribed the
same role. For the sake of arguments if it is assumed that the petitioner enjoying
ad interim pre-arrest bail is declined the relief on the ground that the
considerations for pre-arrest bail are different and the other is granted post-arrest
bail on merits, then the same would be only limited upto the arrest of the
petitioner because of the reason that soon after his arrest he would be entitled for
the concession of post-arrest bail on the plea of consistency.
ii) Liberty of a person is a precious right, which has been guaranteed under the
Constitution of Islamic Republic of Pakistan, 1973, and the same cannot be taken
away merely on bald and vague allegations.
As far as the principle enunciated by this Court regarding the consideration for
grant of pre-arrest bail and post-arrest bail are entirely on different footings is
concerned, we have noticed that in this case both the petitioners are ascribed the
same role. For the sake of arguments if it is assumed that the petitioner enjoying
ad interim pre-arrest bail is declined the relief on the ground that the
considerations for pre-arrest bail are different and the other is granted post-arrest
bail on merits, then the same would be only limited upto the arrest of the
petitioner because of the reason that soon after his arrest he would be entitled for
the concession of post-arrest bail on the plea of consistency.
ii) Liberty of a person is a precious right, which has been guaranteed under the
Constitution of Islamic Republic of Pakistan, 1973, and the same cannot be taken
away merely on bald and vague allegations.