Iqbal Ahmed vs The State
This matter concerns the dismissal of pre-arrest bail applications due to the applicant's persistent failure to appear before the court. The applicant had previously been granted interim pre-arrest bail but failed to attend subsequent hearings, despite receiving a final opportunity to do so. The core legal question addressed is whether an accused person released on interim pre-arrest bail is obligated to attend court on every date of hearing and whether their absence warrants the recall of such bail. The Court held that an accused granted interim pre-arrest bail is strictly required to be present throughout the proceedings. The applicant's failure to appear, despite warnings, necessitates the recall of the interim bail order. The key principle laid down is that the grant of interim pre-arrest bail does not absolve the accused of the responsibility to appear in person before the court on each and every date of hearing, and continued absence justifies the dismissal of bail applications for non-prosecution.
- Is an accused person granted interim pre-arrest bail required to appear in person on every date of hearing?
- Can an interim pre-arrest bail order be recalled if the accused fails to attend court proceedings?
- Does the initial appearance of an accused at the time of granting interim bail absolve them from appearing at subsequent hearings?
- Section 498-A, Code of Criminal Procedure 1898
ORDER
1. AFTAB AHMED GORAR, J.---- Applicant is called absent. Record shows that after obtaining pre-arrest bail by this Court vide order dated 06.04.2021 passed in Crl. Bail Applications Nos. 562, 563 and 564 of 2021, the applicant has not appeared before the court and applications for condonation of his absence were moved on one or the other reasons. Record further shows that on previous date of hearing, the applicant was not in attendance and learned counsel for the complainant opposed the request for condonation of absence of the applicant, the hearing was adjourned for today's date, as a last chance, with note of caution that in case the applicant fails to appear , the interim order of granting bail shall be recalled. Today also the position is same. Despite repeated calls the applicant is called absent. It may be noted that the applicant who was released on interim pre-arrest bail must attend the court on each and every date. The presence of the applicant is required through out the proceedings of the pre- arrest bail application and the fact that he appeared on the first date when ad interim bail was granted does not in any manner lessen the rigours of Section 498-A, Cr.P.C. or absolve the responsibility of the accused from appearing in person before the court. In the circumstances, interim pre arrest bail granted to the applicant vide order dated 06.04.2021 is recalled and the instant bail applications i.e. Criminal Bail Applications Nos.562, 563 and 564 of 2021 are dismissed for non-prosecution.