SAJJAD vs THE STATE
The petitioner sought pre-arrest bail after his initial application was dismissed by an Additional Sessions Judge due to his non-appearance. The High Court reviewed the lower court's order and criticized the judge for dismissing the application on merits in the absence of the petitioner and his counsel, noting that the court should have dismissed it for default rather than making observations on the merits of the case. The High Court held that, pursuant to Note 2, Rule 14, Chapter X of the Lahore High Court Rules and Orders, Volume III, a bail application must first be moved before and decided by the court of the lowest grade. Consequently, the High Court declined to decide the bail application on its merits. It directed the petitioner to re-approach the Sessions Judge, Sheikhupura, while granting interim protective bail for a limited period. The Court further ordered that the matter be transferred back to the original Additional Sessions Judge for a fresh, impartial decision, uninfluenced by his previous observations.
- Can a court dismiss a bail application on merits when the petitioner and counsel are absent?
- Is a High Court required to direct a petitioner to move a bail application before the court of the lowest grade first?
- Should a trial court judge be directed to decide a bail application afresh without being prejudiced by their own prior observations?
- Section 380, Pakistan Penal Code 1860
- Section 400, Pakistan Penal Code 1860
- Section 395, Pakistan Penal Code 1860
- Note 2, Rule 14, Chapter X, Lahore High Court Rules and Orders Volume III
Sajjad petitioner is the accused of Crime Case No,271 registered on 3-9-1996 at Police Station Saddar Farooqabad, District Sheikhupura under section 380/400/395, Pakistan Penal Code.
Apprehending his arrest he filed his petition before the Court of Session at Sheikhupura. The matter was on the file of Rana Zahoor-ul-Haq, Additional Sessions Judge. The petitioner was granted the interim relief. On 5-4-1999 the petitioner did not appear before the Court of Rana Zahoor-ul-Haq, Additional Sessions Judge, Sheikhupura who dismissed his application by expressing that the petitioner is involved in a heinous offence falling in the prohibitory clause. The petitioner has not been arrested who has entered the portal of this Court to obtain the same relief of pre-arrest bail.
2. I have gone through the order, dated 5-4-1999 passed by Rana Zahoorul-haq, Additional Sessions Judge, Sheikhpura and I do not approve his working. The petitioner and his learned counsel were not present before him and without hearing them the observations on merits against the petitioner-accused could not be made. At best he could dismiss the application in default. The law has to take its course and the whims of the Court have not to play the legal role. I must express that it is the common saying that justice delayed is justice denied. However, it is equally correct that justice rushed is justice crushed and justice hurried is justice burried.
3. In the circumstances of the matter this bail application need not be disposed of on merits by this Court. According to Note 2, Rule 14, Chapter X of the Lahore High Court Rules and Orders Volume HI a bail application has to be first moved before and disposed of on merits by the Court of lowest grade which in the instant matter is the Court of Session at Sheikhupura. I, therefore, direct the petitioner to move the application before the learned Sessions Judge, Sheikhupura for his pre- arrest bail till 9-4-1999 during the Court hours and during the said period the petitioner shall not be arrested. Thereafter, the risk shall be entirely at his own shoulders.
4. Learned trial - Court shall not feel prejudiced by any of his own observations contained in his order, dated 5-4-1999 and shall dispose of the application, if moved by the petitioner, with a fair and impartial mind. It shall not be out of place to express that keeping in view the rule of propriety expounded in Zubair's case by the Supreme Court of Pakistan the application for pre-arrest bail, if moved by Sajjad petitioner, shall be transferred to the Court of Rana Zahoor-ul-Haq, Additional Sessions Judge, Sheikhupura by the learned Sessions Judge for disposal in accordance with law.
This petition stands disposed of.
Cited by 1 case
- ALI QASWAR BOKHARI vs MUHAMMAD ISLAM and another 2010 P Cr. L J 282