Juma Khan & Another vs The State

This criminal bail application came up for hearing before the Sindh High Court, but no one appeared on behalf of the applicants nor was any intimation received. The court noted that although the applicants were previously extended the extraordinary relief of ad-interim pre-arrest bail, they failed to diligently pursue the matter, indicating a loss of interest. Consequently, the court dismissed the criminal bail application for non-prosecution and recalled the interim pre-arrest bail previously granted. The office was directed to send a copy of the order to the concerned SHO and the trial court for information and compliance. The core legal question involved the consequence of non-prosecution of a pre-arrest bail application. The court held that where applicants fail to diligently pursue their bail petition, the application is liable to be dismissed for non-prosecution resulting in the recall of interim relief. The key principle laid down is that the extraordinary relief of pre-arrest bail demands active and diligent prosecution by the applicant.