Muhammad Ismail Mari & Others vs The State
This matter comes before the Sindh High Court upon a criminal bail application filed by Muhammad Ismail Mari and others seeking pre-arrest bail. The core legal question concerns the conduct of the applicants and whether a pre-arrest bail application should remain active when the applicants and their counsel fail to appear at the hearing for confirmation of the ad-interim bail. The court held that the non-appearance of the applicants without any intimation amounts to a misuse of the extraordinary relief of pre-arrest bail previously granted to them. Consequently, the court dismissed the bail application for non-prosecution and recalled the interim order of pre-arrest bail. The key principle laid down is that failure to prosecute a pre-arrest bail application or appear at the appointed date for its confirmation constitutes an abuse of judicial relief, warranting the immediate dismissal of the application and the recall of any protective interim orders.
- Whether non-appearance of an applicant on the date fixed for confirmation of pre-arrest bail warrants dismissal for non-prosecution?
- Does the failure to appear at a bail hearing amount to a misuse of extraordinary judicial relief?
- What is the legal consequence of dismissing a pre-arrest bail application for non-prosecution regarding the operating interim order?
1. This bail application is called for hearing, but none has appeared on behalf of the applicants. No intimation is received. It is noted that on 12.05.2020 applicants were granted ad-interim pre-arrest bail by this Court and today the case is fixed for confirmation or otherwise, but as observed above, none has appeared on behalf of the applicants, which amounts to misuse of extra ordinary relief granted to them. Accordingly this bail application stands dismissed for non-prosecution. Consequently interim order passed on 12.05.2020 is recalled. Office is directed to immediately send a copy of this Court to learned Trial Court for information and compliance.