Afzal Ali vs The State
This criminal bail application was brought before the Sindh High Court for the confirmation of ad-interim pre-arrest bail, which had been previously granted to the applicant on April 27, 2020. Upon the date fixed for the hearing, neither the applicant nor any legal representative appeared on their behalf, and no intimation regarding their absence was provided to the Court. Observing the lack of attendance and the failure to pursue the matter, the Court inferred that the applicant had lost interest in the proceedings. Consequently, the Court dismissed the criminal bail application for non-prosecution. As a direct result of this dismissal, the interim pre-arrest bail previously extended to the applicant was recalled. The Court further directed the office to transmit a copy of the order to the Station House Officer of the concerned police station and the trial court for immediate information and compliance.
- Can a criminal bail application be dismissed for non-prosecution if the applicant fails to appear?
- What is the effect of dismissing a pre-arrest bail application for non-prosecution on the interim relief previously granted?
ORDER
1. This Cr. Bail Application is called for hearing. None present on behalf of applicant. No intimation received. Today the case is fixed as date by Court. It is noted that on 27.04.2020, the applicant was extended extraordinary relief of ad-interim pre-arrest bail by this Court and today the same is fixed for confirmation or otherwise. As observed above none present on behalf of applicant it appears that perhaps the applicant has lost interest in this Cr. Bail Application which is dismissed in non-prosecution. Resultantly , the interim pre-arrest bail already granted to the applicant vide order dated 27.04.2020 stands recalled. Office is directed to immediately send the copy of this order to SHO PS Badin as well as trial Court for information and compliance.