Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Penal Code (XLV of 1860)

Section: 324,34

Criminal Procedure Code (V of 1898)--S. 498---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 324 , 34---Murderous assault---Pre-arrest bail, grant of---Pre-arrest bail was granted to the accused by the High Court---Subsequently accused failed to appear before the Trial Court because of which his non-bailable arrest warrants were issued and bail bonds were cancelled---Complainant sought cancellation of bail granted to accused, which was allowed by the High Court---Contention of accused that he was resident of a far flung area and due to various unavoidable circumstances, he could not appear before the Trial Court, and that he was prepared to appear before the Trial Court and undertook not to absent himself from the proceedings---Held, that as pre-arrest bail had been granted by a superior court, which could not be recalled by the Trial Court, hence, the only requirement of law was to furnish fresh bail bonds---Admittedly accused hailed from a far flung area and the argument advanced by the counsel for the accused that he could not appear before the Trial Court due to unavoidable circumstances could not be ignored altogether---Even otherwise, the accused had made out a case on merits as he was taken into custody by the local police and he remained behind the bars for more than 4 months in a case of ineffective firing---Counsel for the complainant categorically stated before the Court that apart from the conduct of the accused, on merits he had made out a case and even before the High Court the complainant had made a statement that he has no objection if bail was granted to the accused---Petition for leave to appeal was converted into appeal and allowed, impugned order of High Court was set-aside, and accused was admitted to pre-arrest bail with the direction to join the trial proceedings and remain present on each and every date. ORDER: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 17.11.2020 passed by the learned Single Judge of the Lahore High Court, Lahore, with a prayer to grant…

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