Zulfiqar Ali & another vs The State
This matter concerns a criminal bail application filed by the applicants seeking pre-arrest bail. The court had previously granted the applicants extraordinary relief in the form of ad-interim pre-arrest bail on 05.05.2020. When the matter was called for hearing for confirmation or otherwise, neither the applicants nor their counsel appeared, and no intimation was received by the court. Observing that the applicants appeared to have lost interest in pursuing their application, the court dismissed the criminal bail application for non-prosecution. Consequently, the court recalled the interim pre-arrest bail previously granted to the applicants. The court directed the office to immediately inform the Station House Officer of the concerned police station and the trial court regarding this order for compliance.
- Can a criminal bail application be dismissed for non-prosecution if the applicant fails to appear?
- Does the dismissal of a bail application for non-prosecution result in the recall of previously granted interim pre-arrest bail?
ORDER
1. This Cr. Bail Application is called for hearing. None present on behalf of applicants. No intimation received. Today the case is fixed as date by Court. It is noted that on 05.05.2020, the applicants were 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 applicants it appears that perhaps the applicants have lost interest in this Cr. Bail Application which is dismissed in non-prosecution. Resultantly , the interim pre-arrest bail already granted to the applicants vide order dated 05.05.2020 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.