SALAHUD-DIN-AYYUBI vs THE STATE
This matter concerns a petition for pre-arrest bail filed under Section 498 of the Code of Criminal Procedure 1898 by the petitioner, Salah-ud-Din Ayyubi, in relation to F.I.R. No. 669 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 was whether the petitioner was entitled to the discretionary relief of pre-arrest bail given his conduct and the nature of the allegations. The Court held that the petition should be dismissed. The ratio of the decision rests on the petitioner's failure to appear before the Sessions Court on multiple occasions after obtaining bail and his subsequent failure to appear before the High Court. The Court established the principle that a petitioner's persistent non-appearance and failure to participate in the judicial process disentitles them to the discretionary relief of pre-arrest bail. Furthermore, the Court noted that the petitioner was specifically nominated in the F.I.R. regarding serious allegations of forgery, which further militated against the grant of bail.
- Does a petitioner's failure to appear before the court after obtaining interim bail disentitle them to the grant of pre-arrest bail?
- Is the discretionary relief of pre-arrest bail available to a person who fails to participate in the judicial proceedings?
- 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
' ABDUL.SHAKOOR PARACHA, J.---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 F.I.R. No,669, dated 4-6-2008, at Police Station North Cantt., Lahore for offences under sections 420/468/471, P.P.C.
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 F.I.R. And serious allegation of preparing forged documents has been levelled against him. Therefore, this petition is dismissed.