QASIM vs THE STATE
This matter concerns a petition for pre-arrest bail filed by the petitioner, Qasim, who sought relief against arrest in a criminal case. The core legal question was whether the petitioner satisfied the distinct legal requirements for the grant of pre-arrest bail, particularly given his failure to comply with previous court directions. The Lahore High Court held that the petition must be dismissed, noting that the petitioner was named in the First Information Report and that the recovery of incriminating material remained outstanding. The Court emphasized that the legal considerations for pre-arrest bail differ significantly from those applicable to post-arrest bail and found that the necessary ingredients for pre-arrest relief were absent. Furthermore, the Court observed the petitioner's wilful disobedience of specific prior directions, including the failure to appear at hearings and to join the investigation. Consequently, the Court dismissed the bail petition, ordered proceedings against the sureties under the relevant provisions of the Code of Criminal Procedure, and initiated contempt of court proceedings against the petitioner, issuing non-bailable warrants for his arrest.
- Are the legal considerations for pre-arrest bail identical to those for post-arrest bail?
- Can a court initiate contempt proceedings for wilful disobedience of its directions regarding bail conditions?
- What is the procedure for a court to follow when a petitioner fails to comply with conditions set for interim pre-arrest bail?
- Section 514, Code of Criminal Procedure 1898
ORDER
' KHAWAJA MUHAMMAD SHARIF, J.---Case has repeatedly been called. Neither the petitioner nor his learned counsel are present. It is a bail before after arrest petition. Interim bail before arrest was allowed to the petitioner vide order dated 2-5-2005, whereby he was directed to appear before this Court on each and every date of hearing, shall join the investigation and his learned counsel was directed to place on record copy of application submitted to S.H.O., R.A. Bazar, Lahore. I find that the petitioner is named in the F.I.R. And recovery is yet to be affected from him. Even otherwise, ingredients of the bail before arrest are absent in the present case. Considerations for the grant of bail before arrest and bail after arrest are altogether different. This petition is dismissed. A copy of this order, along with the relevant documents, shall be sent to learned trial Court to proceed against the sureties under section 514, Cr.P.C. He shall complete the said exercise within a period of one month under intimation to the Deputy Register (Judicial) of this Court for information of this Bench.
2. There is yet another aspect of the matter. The petitioner has not complied with the order of this Court whereby he was directed to appear before this Court on each and very date of hearing, was directed to join the investigation and his learned counsel was directed to place on record copy of application submitted to S.H.O., R.A. Bazar, Lahore. Let a notice under the contempt of Court Act be issued against him for wilful disobedience of the above directions of this Court. Non-bailable warrants of arrest shall also be issued against him. The A.S.-I. Present in Court shall effect service of the warrants of arrest and shall produce him before this Court on 19-5-2005. A separate file shall be constructed in this regard.