SALAHUD-DIN AYYUBI vs STATE
This matter comes before the Lahore High Court through a petition filed under Section 498 of the Code of Criminal Procedure 1898, wherein the petitioner Salah-ud-Din Ayyubi sought pre-arrest bail in respect of FIR No. 669 dated 4.6.2008 registered at Police Station North Cantt., Lahore, for offences under Sections 420, 468, and 471 of the Pakistan Penal Code 1860. The core legal question addressed is whether the petitioner's non-appearance and conduct disentitle him to the discretionary relief of pre-arrest bail, alongside the merits of the allegations involving forged documents. The court held that the petitioner's repeated non-appearance before the lower court after obtaining interim pre-arrest bail, coupled with his absence in the High Court and his direct nomination in the FIR for serious allegations of preparing forged documents, disentitles him to discretionary relief. The petition was accordingly dismissed, laying down the principle that fugitive or non-compliant conduct by an accused disentitles them to the equitable and discretionary relief of pre-arrest bail.
- Does the repeated non-appearance of an accused before the court disentitle them to pre-arrest bail?
- Can pre-arrest bail be dismissed when the accused is directly nominated in the FIR with serious allegations of forgery?
- Whether the conduct of an accused who obtains interim bail and subsequently fails to appear is a valid ground for refusing pre-arrest bail?
- Section 498, Code of Criminal Procedure 1898
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
Salah-ud-Din Ayyubi son of Abdul Ghani, petitioner, through this petition under Section 498 Cr.P.C. seeks bail before arrest in case registered vide FIR No, 669 dated 4.6.2008, at Police Station North Cantt., Lahore for offences under Sections 420/468/471 PPC.
2. The petitioner is not in attendance .I have been informed by the DPG, assisted by learned counsel for the complainant; that the petitioner thrice obtained bail before arrest from the Sessions Court and he did. not appear before the said Court thereafter. After obtaining bail before arrest he has not appeared in this Court also. This conduct of the petitioner disentitles him to the discretionary relief of bail before arrest. Even otherwise, the petitioner is nominated in the FIR and serious allegation of preparing forged documents has been leveled against him. Therefore, this petition is dismissed.