ANSAR ABBAS Versus State
This matter arises from a petition seeking pre-arrest bail in respect of case F.I.R. No. 19, dated 30-1-2004, registered under sections 324 and 452 of the Pakistan Penal Code at Police Station Lalian, District Jhang. The core legal question concerns the conduct of the petitioner in suppressing material facts regarding the prior dismissal of his earlier pre-arrest bail petitions. The Lahore High Court held that the petition is liable to be dismissed on the sole ground of deliberate non-disclosure and suppression of the fact that the petitioner's previous pre-arrest bail applications had been dismissed twice for non-prosecution by the Additional Sessions Judge as well as previously dismissed by the High Court itself. The key legal principle laid down is that suppression of material facts, specifically the dismissal of earlier bail applications, disentitles a petitioner to equitable relief of pre-arrest bail.
- Whether pre-arrest bail can be refused on the ground of non-disclosure of earlier dismissal of bail petitions?
- Does suppression of the fact that previous bail applications were dismissed disentitle the petitioner to equitable relief?
- What is the effect of concealing the dismissal of prior bail petitions before the lower court and the High Court?
- Section 324, Pakistan Penal Code
- Section 452, Pakistan Penal Code
ORDER
The petitioner seeks pre-arrest bail in case F.I.R. No. 19, dated 30-1-2004 under sections 324/452, P.P.C. registered at Police. Station Lalian, District Jhang.
2. The learned counsel for the parties have been heard:
3. The petitioner has sought pre-arrest bail from the learned Additional Sessions Judge, Chiniot District Jhang twicely which was dismissed for non-prosecution, firstly on 154-2004 and secondly on 24-7-2004. Thereafter, the petitioner moved for pre-arrest bail before this Court, which was dismissed, on 15-12-2004. The petitioner has not disclosed the factum of his dismissal of earlier petitions before the learned Additional Sessions Judge as well as before this Court, in this petition. This petition is therefore, dismissed due to non-disclosure of earlier petitions filed by the petitioner, dismissed for non-prosecution by the learned Additional Sessions Judge, Chiniot twice as well before this Court.
H.B.T./A-541/L Bail refused.