Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Bail before arrest, dismissal of--Fugitive from law--Valid plausible reasons--Non-submission of bail bonds as well as non-appearance of accused--By now it is well settled that if after getting ad-interim pre-arrest bail, accused does not appear before Court on date fixed, then it amounts to misuse of concession of pre-arrest bail and such accused does not deserve pre-arrest bail which is an extra ordinary relief in nature--Bail was dismissed. 2016 SCMR 2064 2020 SCMR 1270 distinguished. 2021 SCMR 518 2016 SCMR 2064 rel. ORDER Learned counsel for the petitioner submits that this is 2nd petition for grant of pre-arrest bail filed by the petitioner in the case, before this Court. 2. Perusal of record appended with this petition reflects that 1st petition filed by the petitioner for grant of pre-arrest bail in the case bearing Crl. Misc. No. 20323-B of 2021 was dismissed by this Court due to non-submission of bail bonds by the petitioner as well as non-appearance before this Court vide order dated 15.04.2021; relevant portion of said order is reproduced: “As per office report the petitioner, in compliance of this Court’s order dated 25.03.2021, has not furnished his bail bonds, even today the petitioner is not in attendance, thus, instant petition is dismissed due to non-submission of bail bonds and non-appearance before the Court. Ad-interim pre-arrest bail already granted to the petitioner is hereby recalled.” No “valid/plausible” reason for non-submission of bail bonds as well as non-appearance of petitioner before this Court on 15.4.2021 could be referred and so-called reason offered in this regard could not find any buyer. Furthermore, after dismissal of afore-mentioned petition on 15.04.2021 petitioner remained fugitive from law till now. By now it is well settled that if after getting ad-interim pre-arrest bail, accused does not appear before the Court on the date fixed, then it amounts to misuse of concession of pre-arrest bail and such accused does not deserve pre-arrest bail which is an extra ordinary relief in nature, in this regard, guidance has been sought from the case of “Mukhtar Ahmad VS The…

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