Shahid Ahmed vs The State
The applicant sought confirmation of interim pre-arrest bail granted by the Sindh High Court. At the hearing, the applicant's counsel submitted that the applicant had already been acquitted of the charge by the trial court vide judgment, rendering the bail application infructuous. The Deputy Prosecution General raised no objection to this submission. To verify the contention, the court directed the Assistant Registrar (Admin) to confirm the fact directly from the presiding officer of the concerned trial court through telephone, which was duly confirmed. Consequently, the High Court disposed of the criminal bail application as having become infructuous due to the subsequent acquittal of the accused by the trial court. The key principle established is that a pre-arrest bail application becomes infructuous and is disposed of accordingly once the accused is acquitted of the underlying charges by the competent trial court during the pendency of the bail proceedings.
- Does a pre-arrest bail application become infructuous upon the acquittal of the accused by the trial court?
- Can a bail application be disposed of as infructuous based on telephonic confirmation of an acquittal from the trial court?
ORDER
1. Applicant is present on interim pre-arrest bail granted to him by this Court vide order dated 18.02.2020. Today , the same is fixed for confirmation or otherwise. At the very outset, learned counsel for the applicant submits that the applicant / accused has been acquitted of the charge by the trial Court through judgment dated 10.08.2020, as such, according to him, nothing is pending against applicant; therefore, he prays that this bail application may be disposed of having been infructuous.
2. Learned Deputy Prosecution General, Sindh has recorded his no objection.
3. In order to resolve the above controversy , the Assistant Registrar (Admin) of this Court was directed to confirm the contention as raised by learned counsel for the applicant from the concerned Court. In compliance of the direction the Assistant Registrar of this Court has confirmed the same through telephone from the learned Presiding Officer of the concerned Court. Accordingly , instant Cr. Bail Application stands disposed of having become infructuous.
4. Office is directed to immediately send the copy of this order to the trial Court for information and compliance.