MUHAMMAD NAWAZ vs THE STATE
This matter arises from a pre-arrest bail application filed before the Lahore High Court in respect of F.I.R. No. 33 of 2008 registered under Sections 506-B, 452, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Hujjra Shah Muqeem, District Okara. The core legal question was whether ad interim pre-arrest bail should be granted when the initial pre-arrest bail petition was dismissed in default for non-prosecution rather than decided on merits. The Court held that since the impugned order of dismissal was passed without a decision on merits, the petitioner ought to be granted a brief opportunity to approach the Sessions Court afresh. Consequently, the Court granted ad interim pre-arrest bail subject to furnishing surety bonds, enabling the petitioner to approach the lower court.
- Whether pre-arrest bail can be granted ad interim when the initial application was dismissed for want of prosecution?
- Can a petitioner approach the Sessions Court afresh for pre-arrest bail after a previous petition was dismissed in default?
- Section 506-B, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' RANA ZAHID MAHMOOD, J.-- This is pre-arrest bail application in case F.I.R. No,33 of 2008 under sections 506-B, 452, 148 and 149, P.P.C. Registered at Police Station Hujjra Shah Muqeem District Okara which has been dismissed for want of prosecution on the failure of petitioner to appear before learned Addl: Sessions Judge Depalpur.
2. Learned counsel for the petitioner has submitted that petitioner could not appear before the learned Addl: Sessions Judge due to apprehension of threat to his life.
3. In any event I am of the view that since pre-arrest bail application has not been decided on merit and was dismissed in default vide impugned order, dated 12-2-2008 therefore, in order to enable the petitioner to approach the Sessions Court in the first instance for pre-arrest bail, allow him ad interim pre-arrest bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of learned Addl: Sessions Judge, Depalpur till 14-3-2008. This order shall automatically lapse on 14-3-2008.