Law: Criminal Procedure Code (V of 1898)

Section: 498,498-A,435,439

Criminal Procedure Code (V of 1898)--- ----Ss. 498, 498-A, 435 439---Pre-arrest bail, grant of---Principles of adjudication on bail applications---No bail to be granted to a person not in custody, in Court or against whom no case was registered, etc.----Dismissal of application for bail for non-prosecution---Absence of accused from Court premises---Policy of law on adjudication of bail applications---Scope---Accused/applicant impugned order of court below whereby his application for pre-arrest bail was dismissed on ground of non-prosecution due to his absence from court despite fact that accused subsequently filed miscellaneous application explaining that he had been picked up by police on day of such hearing---Validity---Bail before arrest was an extraordinary relief which was granted in special circumstances to protect innocent persons from victimization though abuse of law for ulterior motives---Pre-arrest bail was not to be used as substitute or alternative for post-arrest bail and accused person must surrender before court and physically appear not only at time of first hearing but also on all subsequent hearings till bail application had been decided unless accused persons attendance was dispensed with---Where accused was absent for a genuine cause, then court must show indulgence---Policy of law was that bail should be decided within shortest possible time and frequent dismissals of bail application for non-prosecution was abuse of process of law and a dilatory tactic which could not be permitted---Once pre-arrest bail application was admitted, then same must be decided on merits in all eventualities---Impugned order could not be sustained as court below dismissed pre-arrest bail application of accused for non-prosecution instead of deciding same on merits; and did not wait for reply of State on accuseds application alleging pickup by police---Impugned order was set aside and matter was remanded to court below to decide accuseds application for pre-arrest bail on merits and in accordance with law---Revision was allowed, accordingly. Jairam Das and others v. King Emperor ILR (1945) 26 Lah. 57: AIR (32) 1945 P.C. 94; Hidayat Ullah Khan v. The Crown PLD…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492