Supreme Court of Pakistan on Pre-Arrest Bail & Unlawful Assembly



🏛 Supreme Court of Pakistan on Pre-Arrest Bail & Unlawful Assembly👥️

Cr.P. No. 187-K of 2025

Case Background:
The complainant, a disabled shopkeeper, alleged that the accused forcibly entered his house, assaulted him and his daughter with lathis, dragged the girl by her hair, and tore her clothes. Multiple offences were registered, including Section 354-A PPC and provisions relating to unlawful assembly.

Petitioners’ Argument:
The accused sought pre-arrest bail, claiming false implication due to a civil land dispute. They argued that allegations were vague, no independent witnesses were present, and Section 354-A PPC was added merely to attract the prohibitory clause.

Court’s Observations:
The Court noted that the FIR clearly mentioned specific roles of each accused. The offence occurred inside the complainant’s house, explaining the absence of outside witnesses. Prior FIRs by the accused did not justify taking the law into their own hands.

Unlawful Assembly & Common Object:
The Court emphasized that when five or more persons act with a common object, each member is liable under Section 149 PPC, even if a specific act is not individually attributed.

Pre-Arrest Bail Principles:
Reaffirming settled law, the Court held that pre-arrest bail is an extraordinary relief, granted only in cases of mala fide or clear false implication conditions not met here.

Final Decision:
The petition was dismissed, and leave to appeal was refused. Observations were declared tentative and not binding on trial.

𝑹𝒂𝒋𝒂 𝑭𝒂𝒉𝒆𝒆𝒎 𝑨𝒉𝒎𝒂𝒅 𝑱𝒂𝒏𝒋𝒖𝒂 𝓐𝓭𝓿𝓸𝓬𝓪𝓽𝓮 𝓗𝓲𝓰𝓱 𝓒𝓸𝓾𝓻𝓽

𝐑𝐀𝐉𝐀 𝐙𝐀𝐇𝐎𝐎𝐑 𝐋𝐀𝐖 𝐂𝐇𝐀𝐌𝐁𝐄𝐑 | 📞+𝟗𝟐-𝟑𝟒𝟓-𝟎𝟓𝟎𝟒𝟑𝟏𝟑
 

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