Bail application dismissed as withdrawn

Present criminal petition for leave to appeal had been filed against the impugned order of the High Court wherein it was recorded that the petitioner's counsel did not press the (bail) petition in order to approach the Supreme Court

As per counsel of petitioner (accused) this statement was made because earlier the matter had come before the Supreme Court in another petition which was disposed of by recording that petitioner's counsel did not press it for the time being; and that a fresh ground had accrued to the petitioner on which bail was sought

Held, that if a fresh ground had become available to the petitioner prior to the passing of the impugned order then counsel should not have withdrawn the petition, but insisted that the petition be decided on merits

Legal position on the present issue was by now well settled by the Supreme Court in the cases reported as Nazir Ahmad v. State (PLD 2014 Supreme Court 241) and Muhammad Aslam v. State (PLD 2015 Supreme Court 41)

At present stage counsel for petitioner stated he did not press present petition as he wanted to avail an alternate remedy

Accordingly present petition was dismissed as withdrawn.

Where an earlier (bail) application was dismissed as withdrawn, the second/subsequent (bail) application could only be filed on any fresh ground and not on the same grounds which were available at the time of disposal of earlier (bail) application

Grounds which were available at the time of withdrawal of earlier (bail) application shall be deemed to have been considered and dealt with and second (bail) application could only be filed on fresh ground(s).