MUHAMMAD YASEEN alias YASEEN and others vs THE STATE
This matter concerns a criminal application for protective bail filed by the applicants before the Sindh High Court. The core legal question was whether the applicants, having previously been granted protective bail and subsequently arrested in a separate case, were entitled to a fresh grant of protective bail to enable them to approach the trial court for pre-arrest bail after their prior application was dismissed for non-prosecution. The Court held that the applicants were entitled to relief, noting that the trial court had failed to consider the application for excuse regarding the applicants' absence on the date of hearing and had dismissed the bail application for non-prosecution rather than deciding it on merits or adjourning the matter. Consequently, the High Court granted protective bail for a period of seven days, subject to the furnishing of personal bonds, to allow the applicants to approach the Sessions Court. The key principle laid down is that where an accused is prevented from appearing due to arrest in another case, the trial court should consider an application for excuse and decide the bail matter on merits rather than dismissing it for non-prosecution.
- Whether a trial court should dismiss a pre-arrest bail application for non-prosecution when the accused is absent due to arrest in another case?
- Is a High Court empowered to grant fresh protective bail to an accused whose prior bail application was dismissed for non-prosecution?
ORDER
' GHULAM SARWAR KORAI, J.--- Granted.
3. The learned counsel for the applicants has contended that the applicants were granted protective bail for a period of seven days by this Court vide order dated 23-11-2009 and thereafter on 24-11-2009, they had filed their pre-arrest bail application in the Court of learned Sessions Judge, Sukkur in which notice was ordered for 25-11-2009 but they were arrested in another case, therefore, an application for their excuse was also moved on the same day but even then their bail application was dismissed for non-prosecution though the same was required to be decided on merits or to be adjourned for the next date.
By considering the application for excuse of the absence of the applicants and since nothing has been done by the learned Sessions Judge, Sukkur in his order dated 25-11-2009. I once again grant the protective bail to the applicants for a period of seven days from today subject to their furnishing personal bond in the Register of this Court so that they may be able to approach the Court of learned Sessions Judge, Sukkur by way of filing their application for bail before arrest and the same will be decided on merits. Application stands disposed of.
Cited by 1 case
- Malik Tariq Hanif Awan vs The State & 2 others 2021 P Cr. LJ 250, 2020 LHC 1794