KALAN KHAN vs The STATE
This matter concerns a petition for leave to appeal against an order of the Sind High Court, which had dismissed the petitioner's bail application primarily due to his absence during court hearings. The petitioner argued that his absence was necessitated by the fear of arrest by the police while traveling to the court, relying on a precedent regarding bail procedures. The Supreme Court found the cited precedent distinguishable because the petitioner had filed his application under Section 498 of the Code of Criminal Procedure 1898, rather than under Section 561-A of the Code of Criminal Procedure 1898, which addresses the inherent powers of the High Court to prevent abuse of process. Consequently, the Supreme Court dismissed the petition, holding that the petitioner's chosen legal remedy was procedurally incorrect for the specific relief sought. The Court clarified that the petitioner was at liberty to file a fresh application before the High Court invoking the appropriate provision, specifically Section 561-A of the Code of Criminal Procedure 1898, to address his concerns regarding potential arrest.
- Can a bail application filed under Section 498 of the Code of Criminal Procedure 1898 be treated as an application under Section 561-A of the Code of Criminal Procedure 1898?
- Is the absence of a petitioner from court proceedings a valid ground for the dismissal of a bail application?
- Section 498, Code of Criminal Procedure 1898
- Section 561-A, Code of Criminal Procedure 1898
ORDER
1. DORAB PATEL, J.-The petitioner's bail application was dismissed by the Sind High Court on 25-10- 1980, inter alia, on the ground that he was not present when his case had come up for bearing.
2. Now, Mr. Shaukat Ali's explanation for the petitioner's absence in the High Court (except on 18-9- 1980, when the petition was admitted to regular hearing) was that the Police would have arrested him on his way to the High Court, therefore, learned counsel relied on a judgment of one of us (M. A.
3. Zullah, J.) in Sh. Zahoor Ahmad v. The State (PLD 1974 Lah. 256). The judgment is distinguishable on the facts, because the petitioner had filed an application under section 498 of the Criminal Procedure Code and not under section 561-A of the Criminal Procedure Code. Therefore, this petition is dismissed, but the f petitioner is free to file a fresh application in the Sind High Court under section 561-A of the Criminal Procedure Code.