Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Certificate qua pendency of bail petition, falsity of---Professional misconduct---Scope---Accused persons sought bail before arrest from the High Court---Law Officer apprised the court that pre-arrest bail of the accused persons had been confirmed by the court of first instance during pendency of the bail petition before the High Court---Advocate of the accused persons, in reply to the show cause notice issued by the court, submitted that first bail petition of the accused persons was dismissed on merits, whereupon, he applied for bail before arrest in the High Court; that during pendency of the petition, a compromise was effected between the parties, as such he filed second bail petition before the Additional Sessions Judge on fresh ground of compromise; that he was a young lawyer and could not disclose the factum of pendency of present petition before the Additional Sessions Judge---Counsel tendered unconditional apology with a commitment that such mistake would not be repeated in future---Held, concealment of fact relating to pendency of bail petition before the Additional Sessions Judge was a professional misconduct---Purpose of requiring certificate qua pendency of any matter was that before adjudicating upon the matter the Court should be well aware of the entire facts so that a conflicting order might not be passed---Show-cause notice issued to the counsel was discharged with a stern warning--- Petition was disposed of accordingly. ORDER ASJAD JAVAID GHURAL, J.---Through this petition under section 498, Cr.P.C. petitioners Maqbool Ahmad and Muhammad Khalid have sought premium of bail before arrest in case FIR No.34/20 dated 07.01.2020, in respect of an offence under section 506, P.P.C. read with section 25 D, Telegraph Act, 1885, registered at Police Station, Millat Town, District Faisalabad. 2. On 16.06.2020, before opening up the arguments, learned Law Officer apprised the Court that pre-arrest bail of the petitioners had been confirmed by the court of first instance during the pendency of this bail petition, therefore, a report was requisitioned from the concerned Court as to how…

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