MUHAMMAD NAWAZ and another vs THE STATE
This matter comes before the Lahore High Court through a criminal petition for pre-arrest bail filed by Muhammad Nawaz and another, after their initial pre-arrest bail application was dismissed for want of prosecution by the Additional Sessions Judge due to their failure to appear on time on 21-2-2008. The core legal question considered was whether the petitioners should be granted an opportunity to approach the trial court after defaulting on appearance. The court decided to direct the petitioners to approach the Sessions Court at the first instance and granted them ad-interim pre-arrest bail for a limited period to facilitate their appearance. The key principle laid down is that where a bail application is dismissed for non-prosecution due to temporary absence, an appellate or constitutional court may grant limited protective or ad-interim bail to enable the accused to surrender and approach the court of first instance.
- What is the legal effect of a pre-arrest bail application being dismissed for want of prosecution due to the non-appearance of the accused?
- Can the High Court grant ad-interim pre-arrest bail to enable petitioners to approach the Sessions Court after their initial bail application was dismissed for default?
- What conditions are typically attached to an ad-interim pre-arrest bail granted by the High Court pending appearance before the lower court?
ORDER
' RANA ZAHID MAHMOOD, J.--Contends that petitioners moved the learned Sessions Judge but could not appear on time before the learned Additional Sessions Judge in pre-arrest bail application whereafter the same was dismissed for want of prosecution on 21-2-2008. He submitted that prosecution case is mala fide.
2. Since the petitioners were not present before the learned Additional Sessions Judge on 21-2- 2008, therefore, their petition was dismissed for want of prosecution. Let them approach that Court at the first instance. In this view of the matter, to enable them to appear before the learned Sessions Court, they are allowed ad interim pre-arrest bail, subject to their furnishing bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of learned Additional Sessions Judge. This order will automatically lapse on 10-3-2008.