livelawpk.com - Physical Presence is Mandatory for Pre-Arrest Bail ---

Physical Presence is Mandatory for Pre-Arrest Bail Applications --- Islamabad High Court, Islamabad Dismisses Bail Due to Absence

2 weeks, 5 days
68

Physical Presence is Mandatory for Pre-Arrest Bail Applications --- Islamabad High Court, Islamabad Dismisses Bail Due to Absence

Islamabad 14-03-2025: The Islamabad High Court (IHC), in [Crl. Misc. No. 411 of 2025], dismissed the pre-arrest bail petition of accused person in a case registered under Section 406 of the Pakistan Penal Code (PPC) at Police Station Sabzi Mandi, Islamabad. The Court ruled that the physical presence of an accused is mandatory for pre-arrest bail proceedings, and failure to appear results in dismissal.

The Petitioner had originally filed the FIR No. 299/2024 on March 27, 2024, but was later impleaded as an accused following a cross-version statement by the complainant. Seeking pre-arrest bail, Khan was granted ad-interim relief on February 26, 2025. However, he failed to appear in Court on March 7, 2025, prompting the Court to revoke the bail and dismiss the petition.

The accused’s counsel argued that the absence was due to ill health and was not deliberate. He requested that the bail application be considered despite his non-appearance. However, the State Counsel and complainant’s lawyer strongly opposed this, asserting that pre-arrest bail is an exceptional relief, requiring strict compliance with Section 498-A of the Criminal Procedure Code (Cr.P.C.).

The Court, in its ruling, referred to Shazaib and others Vs. The State (PLD 2021 SC 886), which mandates that an accused must appear in every hearing of a pre-arrest bail application. It also cited Attaullah Khan Vs. Ali Azam Afridi (2021 SCMR 1979), emphasizing that statutory provisions must be strictly followed. The judgment reaffirmed that ad-interim bail does not waive the requirement of continuous presence.

Given the Petitioner’s absence, the Court dismissed the pre-arrest bail application and revoked the ad-interim bail granted earlier. The judgment serves as a precedent for ensuring strict compliance with bail procedures, reinforcing that failure to appear in Court leads to bail forfeiture.