GHULAM FARID alias FARIDI Versus State

ORDER

1. SHAHID HAMEED DAR, J.--- The complainant's dissenting stances in FIR No.54/13, dated 13.03.2013, under sections 302, 34, 109, P.P.C. Police Station Saddar Pasrur (Sialkot) and in his supplementary statement, which he rendered on 02.05.2013, fetched the petitioner and order of post-arrest bail from the learned trial court on 16.03.2015, which was recalled in an ex-party fashion by it on 02.10.2015, as the petitioner absented himself from the trial's proceedings on 18.05.2015. His application for bail before arrest was rejected by the learned trial court on 12.10.2015, which led to his arrest in this case, the same day.

2. After hearing the learned counsel for the parties and perusing the record, it is observed that the petitioner had been granted post-arrest bail on merits by the learned trial Court on 16.03.2015 deeming his case to be one of further inquiry. If he had absented himself from the learned trial Court on 18.05.2015, he ought to have been issued a notice under section 497(5), Cr.P.C. by the Court, requiring him to explain as to why his facility of post-arrest bail should not be recalled, as he had absented himself unjustly. The way, the petitioner's facility of bail has been recalled by the learned trial Court, cannot be considered wholly legal. He is in jail since 12.10.2015 and he must have learnt a lesson by now as to what it really meant, if one, being on bail, would absent oneself during trial without any just cause. Keeping him continuously confined in jail would not serve any useful purpose. Therefore, this application is accepted and he is admitted to post-arrest bail subject to furnishing bail bonds in the sum of Rs.5,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.

3. HBT/G-2/L Bail granted.