Скачать или смотреть Second pre Arrest Bail scope، PLD 2021 SC 894، A person cannot file 2nd pre Arrest without reason

General Principle of Pre-Arrest Bail

Pre-arrest bail is an extraordinary relief.

It is granted only when there is mala fide, ulterior motive, or false implication.

Accused must show that his arrest is intended to harass and that no recovery is required.



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🔹 Second Pre-Arrest Bail – When Allowed?

A second application for pre-arrest bail can be filed if:

1. Fresh Grounds

If new circumstances arise which were not available at the time of first bail application.

Example:

Co-accused has been acquitted / granted bail.

FSL report has come negative.

Investigation completed, no recovery is due.




2. Change in Circumstances

Law requires a material change in circumstances.

Example: Delay in challan submission, witnesses turned hostile, compromise/settlement, or material contradictions in investigation.



3. Higher Forum

If trial court rejected pre-arrest bail, accused can approach High Court for second bail on same or fresh grounds.

Similarly, if High Court rejects, accused may approach Supreme Court under Article 185(3) of the Constitution.





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🔹 Judicial Principles (Case Law)

1. PLD 1997 SC 275 (Khalil Ahmad Soomro v. The State)

Held: Second pre-arrest bail can be entertained only on fresh grounds.



2. 2021 SCMR 522

Supreme Court: Bail can be granted if mala fide is apparent and there is a change in circumstances.



3. 2019 SCMR 607

Where co-accused acquitted during trial, court allowed second pre-arrest bail to remaining accused.





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🔹 Scope in Practice

Trial Court: Cannot usually re-hear second pre-arrest bail on same grounds → must show new facts.

High Court: Has wider powers, can entertain second pre-arrest bail after rejection by Sessions Court.

Supreme Court: Can grant relief even if both lower courts rejected, if miscarriage of justice is likely.



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✅ In short:

Second pre-arrest bail is possible, but only on fresh grounds / change in circumstances.

If you repeat the same earlier grounds, court will dismiss it as not maintainable.

Scope is narrow, but relief is available especially if false implication or mala fide becomes more evident during later investigation.