Pakistan Case Law
2004 YLR 2380

LAL KHAN vs THE STATE

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Citation2004 YLR 2380
CourtLahore High Court
Case No.Criminal Miscellaneous No.1974-B of 2003
Date2003-09-25
Judge(s)Farrukh Latif
Resultbail application dismissed
Summary

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.

Questions settled in this judgment
  • 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?
Laws & provisions referred
  • 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
pre-arrest bailanticipatory baildismissal for non-prosecutionbail bondscriminal procedure

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 .

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