Yameen & another vs The State
This matter arises from a post-arrest bail application filed before the Sindh High Court. The core legal question concerns the prosecution of the bail application when the applicants and their counsel repeatedly fail to appear, and the trial has progressed to the stage of recording statements under Section 342 of the Code of Criminal Procedure 1898. The court held that the continuous non-appearance of the applicants and their counsel indicates a loss of interest in pursuing the matter. Consequently, the High Court dismissed the bail application for non-prosecution and directed the office to transmit a copy of the order to the trial court immediately. The key principle laid down is that where an accused or their counsel persistently fails to appear and prosecute a bail application, particularly at an advanced stage of the trial, the court may dismiss the application for non-prosecution.
- Can a bail application be dismissed for non-prosecution due to the continuous non-appearance of the applicants and their counsel?
- What is the procedural consequence when an accused fails to appear at the hearing of their bail application while the trial is at the stage of recording statements under Section 342 Cr.P.C.?
- Section 342, Code of Criminal Procedure 1898
1. This bail application is called for hearing but despite of intimation notice issued to the counsel for the applicants for today , none has appeared on his behalf. No intimation received. Same was the position on last date of hearing viz. 10.01.2020. It is stated by learned counsel for the complainant that in this matter the trial Court had recorded the evidence of all the prosecution witnesses and now the case is fixed for recording the statement of accused U/S 342 Cr.P.C.
2. As observed above, since none present on behalf of the applicants, it appears that perhaps the applicants have lost interest in this bail application which his accordingly dismissed in non-prosecution along with listed application[s], if any . Office is directed to immediately send the copy of this order to trial Court for information.