ABDUL HAQ vs THE STATE
This criminal miscellaneous matter arises from a post-arrest bail application filed before the Lahore High Court. The core legal question concerns the conduct of the petitioner and counsel in suppressing material facts regarding the dismissal of previous bail applications before the court and failing to make an appearance at the fixed hearing. The court held that the suppression of previous bail applications and non-appearance of the petitioner and counsel warrant the dismissal of the bail petition. The key principle laid down is that concealment of material facts, such as the prior dismissal of bail applications, coupled with a failure to prosecute the matter diligently, justifies the outright dismissal of a bail petition.
- Does the suppression of the fact that previous bail applications were dismissed warrant the dismissal of a subsequent bail petition?
- What is the effect of the non-appearance of the petitioner and counsel on the adjudication of a bail application?
ORDER
1. SARDAR MUHAMMAD ASLAM, J.---It was noted in order dated 1-4-2005 that fact of filing of the previous bail application (Crl. Miscellaneous No.8888-B of 2004) was suppressed which was dismissed on 20-12-2004. This is at last 4 or 5 bail applications where facts are suppressed by the petitioner or their counsel from this Court. This case was directed to be fixed on 19-4-2005 by the same order dated 1-4-2005, but instead of 19-4-2005, this case has been fixed today i.e. 8-7-2005, yet neither the petitioner nor his counsel bothered to appear. The attitude of the litigants as well as their counsel is disapproved and condemned. In view of the above, this bail application is dismissed.