LAL KHAN vs THE STATE
The petitioner approached the Lahore High Court seeking anticipatory bail in case F.I.R. No. 177 registered under sections 302, 337-A(i), 337-F(i), 148, and 149 of the Pakistan Penal Code 1860, after his previous pre-arrest bail applications were dismissed by the Court of Sessions for non-submission of security bonds and non-prosecution. The core legal question was whether the High Court should entertain a subsequent pre-arrest bail application and evaluate explanations for default before the lower court. The Court held that the explanation for non-appearance and non-submission of bail bonds should be presented before the lower court, and the petitioner was not precluded from filing another pre-arrest bail application before the lower court. The pre-arrest bail application was accordingly dismissed.
- Whether a subsequent pre-arrest bail application can be filed before the lower court after previous dismissal for non-prosecution?
- Can explanations for non-submission of bail bonds and non-appearance be presented before the High Court in the first instance?
- Section 302, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Petitioner has approached this Court for anticipatory bail in case F.I.R. No.177, dated 4-7-2003 registered at P.S. Chak Baidi, under sections 302, 337-A(i), 337-F(i), 148 and 149, P.P.C. His first pre- arrest bail application was dismissed by A.S.J., Pakpattan for non-submission of security bond and his subsequent petition for the same relief was dismissed for non-prosecution on 1-8-2003, as on that date neither the petitioner nor his counsel was present.
2. Learned counsel for the petitioner has tried to offer explanation for non-submission of bail bonds and nonappearance before the Court of Sessions but I am not inclined to consider the same because said explanation may be made before the lower Court where the petitioner had absented.
Petitioner is not precluded from filing another pre-arrest bail application before the lower Court.
3. With above observations, this pre-arrest bail application is hereby dismissed.
' Pre-arrest .