Law: Criminal Procedure Code (V of 1898)

Section: 439/435

Law: Pakistan Penal Code, 1860

Section: 419/428

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 439/435--Pakistan Penal Code, (XLV of 1860), Ss. 419/428--Criminal revision petition--Pre-arrest was dismissed--Revision petition filed for grant of pre-arrest bail--However, fact that he was on ad-interim pre-arrest bail in instant case was in very much knowledge of police of said police station as both cases were registered in one and same police station and record of case arising out of F.I.R. was produced by Pervi Officer before Court of Addl. Sessions Judge, Gujranwala during proceedings of said petition for grant of pre-arrest bail on 18.08.2020 and also on 27.08.2020 when petition was adjourned for 11.09.2020--When aforestated application was moved by learned counsel for petitioner before Addl. Sessions Judge, while mentioning therein all aforementioned state of affairs i.e. petitioner is confined in Central Jail, Gujranwala in case arising out of aforestated F.I.R. and requested for exemption of his personal attendance and summoning him from jail concerned, then it was appropriate for Addl. Sessions Judge, (concerned) to summon petitioner/accused from jail and decide his petition for pre-arrest bail on merits because absence of petitioner/accused was not willful rather beyond his control as he was confined in Central Jail, Gujranwala (as mentioned above)--It goes without saying that if petitioner is granted ad-interim pre-arrest bail in a case till some specific date and during this period, police of same police station arrests him in some other case and said fact is brought into notice/knowledge of concerned Court then said Court is under all obligations to summon said accused from custody of police or a and decide his petition on merits instead of dismissing same due to non prosecution particularly when his counsel is available in Court to prosecute said petition because this is not willful absence--It further goes without saying that if it is not immediately checked then it would amount to encourage abuse of process of Court and defeat spirit of order Court qua granting ad-interim pre-arrest bail in a case and could give license to police to arrest accused in some other case when he is on ad-interim…

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