FORM “A”

FORM OF ORDER SHEET

IN THE COURT OF LIAQAT ALI, ASJ-II, BANNU
Petition No. 73/BBA of 2022
Qazi Fahad …Vs… The State

ORDER-02
02.02.2022
Presence:-

Accused/petitioner on ad-interim pre-arrest bail

alongwith learned counsel,
Learned APP for the State.

1. Accused/petitioner Qazi Fahad s/o Qazi Mehar

Din seeks confirmation of his ad-interim pre-arrest bail

granted earlier on 28.01.2022 in connection with case FIR

No. 93, dated 21.01.2022, U/s 11 (B) CNSA/15 AA, PS

Saddar Bannu on the ground of malafide and ulterior

motive of complainant and prosecution.

2. Arguments heard and record perused.

3. The allegations against the accused/petitioner are

that he was dealing with the business of narcotics and

local police recovered 615 grams ICE from accused

Zohaib Ali Shah and .12 bore repeater and a .30 bore

pistol alongwith ammunitions from the Bhaitak of

accused/ petitioner.

4. Without dilating upon merits of the case, which is

deprecated in law, it is suffice to say that the object and

purpose of anticipatory bail is to save the innocent persons

from being unnecessarily harassed, humiliated and

subjected to torture. It is the mandate of law that such

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power has to be exercised with due care and caution and

in case of absence of malafide, false implication,

unjustified harassment and ulterior motive, the

anticipatory bail should not be granted. The court is

empowered to grant pre-arrest bail in exceptional and

extra ordinary circumstances, because the basic purpose of

it and to avoid humiliation of respected and dignified

citizen.

5. In the present case nothing is forwarded to

substantiate that there is ill will, malafide with ulterior

motive on behalf of the police which would make the case

of the petitioner of exceptional and extra ordinary

circumstances entitling him to the relief of anticipatory

bail. To hold so, I relied upon the judgments of apex court

reported as 2005 page 784 SC “Syed Muhammad

Firdous Vs State” PLD 2002 SC 529 and 2003 SCMR

68.

6. Accordingly, the petition is hereby dismissed and

ad-interim pre-arrest bail granted earlier is, hereby,

recalled. Copy of this order be placed on judicial file.

Record be sent forthwith to the quarter concerned. File be

consigned to record room after its completion and

compilation.

Announced
02.02.2022

Liaqat Ali
Additional Sessions Judge-II,
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Bannu

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