ASHFAQ AHMED vs THE STATE
This matter arose from a petition seeking leave to appeal against an order dated 01-09-2008 passed by the High Court of Sindh at Karachi, which had dismissed the petitioner's pre-arrest bail application on the ground that no mala fide on the part of the complainant or police was shown. During the hearing before the Supreme Court of Pakistan, the learned counsel for the petitioner, after arguing at length and acting under instructions, stated that he did not press the petition in order to resort to appropriate legal remedies and undertook that the petitioner would surrender before the trial court. Consequently, the Supreme Court dismissed the petition as not pressed. The interim pre-arrest bail granted to the petitioner by the Supreme Court on 24-09-2008 was recalled, and the surety bonds submitted before the learned trial court were ordered to be discharged and cancelled.
- What order is appropriate when a petitioner chooses not to press a petition seeking leave to appeal against the dismissal of a pre-arrest bail application?
- Does the dismissal of a petition as not pressed result in the recall of interim pre-arrest bail previously granted by the appellate court?
- What happens to surety bonds submitted upon the recall of interim pre-arrest bail when a petition is dismissed as not pressed?
ORDER
' MIAN HAMID FAROOQ, J.---Petitioner seeks leave to appeal against order dated 1-9-2008, whereby the learned High Court of Sindh at Karachi, dismissed his bail application. The relevant portion of the order reads as under:-- At this stage no mala fide either of the complainant or police, for false implication of applicant in the crime have been shown. Therefore, I am of the considered opinion that no case for grant of pre-arrest bail is made out. Accordingly, the application is dismissed. Interim order dated 26-3- 2008 is recalled with direction to the applicant to surrender before the trial Court within three days from the date of this order. In case of failure, show-cause notice be issued to the surety for his personal appearance before this Court".
2. Learned counsel for the petitioner after arguing the matter at considerable length, under instructions of the petitioner, with a view to resort to appropriate remedies available to the petitioner, under the law, does not press this petition and undertakes that the petitioner will surrender before the learned trial Court.
3. In view of the above, this petition stands dismissed, having not-been pressed. Order passed by this Court, on 24-9-2008, granting interim pre-arrest bail to the petitioner is recalled and surety bonds, submitted with the learned trial Court, stand discharged/cancelled. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- MUHAMMADUDDIN and another vs THE STATE 2012 P Cr. L J 1388