THE STATE vs IQBAL HUSSAIN
This matter arises from a criminal proceeding where the respondent, Iqbal Hussain, accused in F.I.R. No. 215 of 2006 registered under sections 506, 420, 468, and 471 of the Pakistan Penal Code 1860, sought pre-arrest bail. The core legal question concerns the conduct of an accused who bypassed the High Court's ongoing proceedings and interim bail orders to secure subsequent bail from an Additional Sessions Judge without disclosing the prior dismissal and pendency of proceedings. The court held that obtaining bail through concealment of material facts and active evasion of High Court orders constitutes an abuse of the judicial process. The court directed the immediate production of the accused, summoned records, and initiated steps to address the impropriety of concurrent applications and non-appearance before the superior court.
- Can an accused person maintain a subsequent bail application after failing to appear and prosecute an earlier application?
- Whether obtaining bail from a subordinate court while proceedings and interim orders are pending before the High Court warrants interference?
- What is the effect of concealing the dismissal of a prior bail application from the court?
- Section 506, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
' KHAWAJA MUHAMMAD SHARIF, J.--- Abdul Razzaq Bailiff of this Court had produced record of bail application of Iqbal Hussain respondent in case F.I.R. No,215 of 2006 dated 1-3-2006 registered under sections 506, 420, 468, 471, P.P.C. This is second application for bail before arrest before the learned Sessions Judge, Lahore. His earlier application was dismissed for non-prosecution. In fact after dismissal of his earlier application for non-prosecution on 27-4-2006 petitioner applied for bail before arrest. This Court granted him interim bail before arrest on 4-3-2006 and the matter was fixed for 11-5-2006. He was directed to appear before this Court on each and every day for hearing fixed by this Court till the final disposal of the bail application. Then the matter came up for hearing on 11-5-2006. On that day neither respondent nor his counsel was present. He even did not file bail bonds. Perpetual warrant of arrest and notice of contempt of Court were also issued against him for 19-5-2006. On 19-5-2006 Iqbal Hussain respondent was not present before this Court. Rana Abdul Hamid Advocate submitted his power of attorney but this Court did not entertain the same. I had asked S.S.P. Operation to arrest the respondent and produce him before this Court on 22-5-2006. S.S.P. Operation appeared before this Court today and he submitted a report that a raid was conducted but respondent was not available and ultimately he came to know that petitioner has been allowed bail before arrest by Mr. Jahandad Bainth learned Additional Sessions Judge, Lahore till 23-5-2006. On this I have summoned record of bail petition which is now before this. Court. In this bail application Iqbal Hussain respondent never mentioned that his application for bail before arrest was also dismissed by this Court.
2. Let a copy of this order and photostat copy of report of S.S.P. Operation along with original record be transmitted to the learned Additional Sessions Judge where the bail application of petitioner is pending.
3. Learned Additional Advocate-General shall convey the order of this Court today immediately and he will inform learned Additional Sessions Judge that he will wait for order of this Court. I have asked learned Additional Advocate-General to direct S.S.P. Operation to arrest Iqbal Hussain respondent and produced him before this Court on 26-5-2006.
4. At this stage learned Additional Advocate-General submits that S.P. Saddar may be asked to arrest the respondent and produce him before this Court. I have asked learned Advocate-General to direct S.P. Saddar to arrest the respondent Iqbal Hussain and produce him before this Court on 26-5-2006. S.H.O. Islampura is directed to submit a report whether Iqbal Hussain respondent has been involved in other cases prior to the registration of this case.