— Pre-arrest bail — Scope — The paramount factors which require consideration while granting pre-arrest bail are whether the arrest will cause humiliation and/or unwarranted persecution or harassment to the applicant for some ulterior motives; or that the prosecution is motivated by malice to perpetrate irreparable injury to the reputation and liberty of the accused — While considering the grounds agitated for enlargement on bail, whether pre-arrest or post-arrest, the atrociousness, viciousness and/or gravity of the offence are not, by themselves, sufficient for the rejection of bail where the nature of the evidence produced in support of the indictment creates some doubt as to the veracity of the prosecution case — Therefore, where, on a tentative assessment, there is no reasonable ground to believe that the accused has committed the offence, and the prosecution case appears to require further inquiry, then in such circumstances the benefit of bail may not be withheld as a punishment to the accused — The Court must dwell on all interconnected rudiments, including the gravity of the offence and the degree of involvement of the applicant/accused for bail in the commission of offence, together with the likelihood of absconding or repeating the offence and/or obstructing or hindering the course of justice, or any reasonable apprehension of extending threats to the complainant or witnesses or winning over the prosecution witnesses. [2024 SCLR 38 = 2024 SCMR 14]

— Penal Code (XLV of 1860), Ss. 435, 447, 427, 511, 109, 148, 149 & 506 — Mischief by fire or explosive substance with intent to cause damage — Pre-arrest bail, grant of — Delayed FIR — Pendency of litigation — Scope — Accused was alleged to have damaged the complainant’s crops — Accused had asserted ownership of the disputed land regarding which a civil case was also pending — Supreme Court noted a potential for false implication due to a land ownership dispute — The crime report, filed after a 62-day delay, had vaguely implicated the accused and six co-accused, two of whom had been declared innocent — Emphasizing the presumption of innocence and constitutional rights, the court granted pre-arrest bail to the accused. [2023 SCLR 62 = 2023 SCMR 2081 = 2023 SCP 248]

— Pre-arrest bail — Scope — While granting pre-arrest bail, the merits of the case can be touched upon by the Court. [2023 SCLR 62 = 2023 SCMR 2081 = 2023 SCP 248]