MLD 2022

2022 PLP 403 (MLD)

IQBAL AHMED — Petitioner Versus The STATE — Respondent

Jurisdiction / Court
Sindh
Decided Date
2021-September-1
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2022 PLP 403 (MLD)
Forum / Court Sindh
Bench Members N/A
Parties IQBAL AHMED — Petitioner Versus The STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2022 PLP 403 (MLD)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2022 PLP 403 (MLD)?

The case was heard and decided by the Sindh bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2022 PLP 403 (MLD) (IQBAL AHMED — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Headnotes / Summary

Ss. 498 & 498-A

Pre-arrest bail

Absence of accused

Scope

Accused who is released on interim pre-arrest bail must attend the court on each and every date

Presence of accused is required throughout the proceedings of the pre-arrest bail application and the fact that he appeared on the first date when ad interim bail was granted does not in any manner lessen the rigours of S. 498-A, Cr.P.C., or absolve the responsibility of the accused from appearing in person before the court

Application was dismissed for non-production.

Judgment & Decree

AFTAB AHMED GORAR, J.

Applicant is called absent. Record shows that after obtaining pre-arrest bail by this Court vide order dated 06.04.2021 passed in Crl. Bail Applications Nos. 562, 563 and 564 of 2021, the applicant has not appeared before the court and applications for condonation of his absence were moved on one or the other reasons. Record further shows that on previous date of hearing, the applicant was not in attendance and learned counsel for the complainant opposed the request for condonation of absence of the applicant, the hearing was adjourned for today's date, as a last chance, with note of caution that in case the applicant fails to appear, the interim order of granting bail shall be recalled. Today also the position is same. Despite repeated calls the applicant is called absent. It may be noted that the applicant who was released on interim pre-arrest bail must attend the court on each and every date. The presence of the applicant is required throughout the proceedings of the pre-arrest bail application and the fact that he appeared on the first date when ad interim bail was granted does not in any manner lessen the rigours of Section 498-A, Cr.P.C. or absolve the responsibility of the accused from appearing in person before the court. In the circumstances, interim pre arrest bail granted to the applicant vide order dated 06.04.2021 is recalled and the instant bail applications i.e. Criminal Bail Applications Nos.562, 563 and 564 of 2021 are dismissed for non-prosecution. SA/I-20/Sindh Application dismissed.