ASHHAD ILYAS vs THE STATE
This matter originated as an application for pre-arrest bail, which the Court subsequently treated as an application under Section 561-A of the Code of Criminal Procedure 1898, given that the applicant was already on bail granted by the trial court. The core legal question concerned the validity of non-bailable warrants (NBWs) issued by the trial court against the applicant, who had failed to appear due to a misunderstanding regarding the status of the investigation—specifically, an assurance from the Investigating Officer that the case would be disposed of in 'C' class. Upon learning that the case had been challaned and warrants issued, the applicant sought relief. The Court found the applicant's explanation for his non-appearance to be plausible, particularly noting the lack of objection from the State counsel. Consequently, the Court set aside the order issuing the non-bailable warrants, directed the applicant to appear before the trial court on the next hearing date, and cancelled the existing bail bonds. The judgment reaffirms the court's inherent power to rectify procedural injustices where a party's non-appearance is based on a bona fide misunderstanding.
- Can a High Court treat a bail application as an application under Section 561-A of the Code of Criminal Procedure 1898 when the applicant is already on bail?
- Whether non-bailable warrants can be set aside when the applicant's non-appearance before the trial court is based on a plausible explanation?
- Does the High Court have the authority to set aside non-bailable warrants issued by a trial court under its inherent powers?
- Section 561-A, Code of Criminal Procedure 1898
ORDER
1. ' AMEER HANI MUSLIM, J.---This is a bail before arrest application and this Court has granted interim bail. Mr. Chaudhry Iftikhar Ahmed, learned counsel for the complainant states that the applicant is already on bail granted by 1st Additional Sessions Judge, Karachi South and therefore, there cannot be a second bail application. The legal position as stated by Mr. Chaudhry Iftikhar Ahmed is correct. I treat this bail application as application under section 561-A Cr.P.C. The counsel for the applicant states that NBWs have been issued by the trial Court on the nonappearance of the applicant. The explanation offered by the applicant's counsel was that the I.O. Had given an assurance to the applicant and his brothers that he would be disposing of the case in "C" class and under this impression the applicant never appeared before the trial Court. The applicant, however, has filed rent case against the husband of complainant and in cross-examination the applicant was confronted with this position and applicant acquired knowledge that the case has been challaned against him and his brothers and NBWs in the matter have been issued. On acquiring the knowledge, the applicant has approached this Court. The explanation offered appears to be plausible. Learned State counsel has no objection. Under these circumstances, the order issuing NBWs by the trial court is set aside and the applicant is directed to appear before the trial court on the next date of hearing. The bail bonds of the applicant stand cancelled and surety discharged.
2. This Criminal Miscellaneous Application stands disposed of in the above terms. Office shall number it as Criminal Miscellaneous Application.
Cited by 1 case
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