Ansar Abbas vs The State
This matter concerns a petition for pre-arrest bail filed by the petitioner in connection with F.I.R. No. 19, registered under Section 324 and Section 452 of the Pakistan Penal Code 1860 at Police Station Lalian, District Jhang. The core legal question before the Lahore High Court was whether the petitioner was entitled to the concession of pre-arrest bail despite having previously filed multiple bail applications that were dismissed for non-prosecution. The Court observed that the petitioner had failed to disclose the factum of his earlier bail petitions, which had been dismissed by the Additional Sessions Judge, Chiniot, on two separate occasions, as well as a previous dismissal by the High Court itself. Consequently, the Court dismissed the current petition on the grounds of suppression of material facts and non-disclosure of previous litigation history. The principle laid down is that a petitioner seeking the extraordinary relief of pre-arrest bail must approach the court with clean hands and make a full and honest disclosure of all prior proceedings related to the same relief; failure to do so warrants the dismissal of the petition.
- Does the failure to disclose previously dismissed bail petitions warrant the dismissal of a subsequent pre-arrest bail application?
- Is a petitioner required to disclose the litigation history of prior bail applications when filing a new petition for pre-arrest bail?
- Section 324, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
ORDER
SARDAR MUHAMMAD ASLAM, J.-The petitioner seeks pre-arrest bail in case F.I.R. No. 19, dated 30.1.2004 under Section 324/452, P.P.C, registered at Police Station, Lalian, District Jhang.
2. The learned counsel for the parties have been heard.
3. The petitioner has sought pre-arrest bail from the learned Addl. Sessions Judge, Chiniot District Jhang twicely which was dismissed for non-prosecution, firstly on 15.4.2004 and secondly on 24.7.2004. Thereafter, the petitioner moved for pre-arrest bail before this Court, which was dismissed, on 15.12.2004. The petitioner has not disclosed the factum of his dismissal of earlier petitions before the learned Addl. Sessions Judge as well as before this Court, in this petition. This petition is therefore, dismissed due to non-disclosure of earlier petitions, field by the petitioner, dismissed for non-prosecution by the learned Addl. Sessions Judge, Chiniot twice as well before this Court.