Law: Code of Criminal Procedure, 1898

Section: 498-A

Law: Pakistan Penal Code (PPC),1860

Section: 406

Case Summary The petitioner sought pre-arrest bail in a case registered under Section 406 PPC. On the date fixed for hearing, the petitioner remained absent, claiming illness through his counsel and sought exemption from personal appearance. The Islamabad High Court held that personal appearance of an accused is mandatory throughout pre-arrest bail proceedings under Section 498-A Cr.P.C. Since the petitioner failed to appear without obtaining lawful exemption, the Court dismissed the pre-arrest bail petition and recalled the interim pre-arrest bail previously granted. Tagline Personal appearance of an accused is an essential statutory requirement for pre-arrest bail; absence on the hearing date renders the petition liable to dismissal and interim bail liable to recall. ORDER; MUHAMMAD ASIF, J., Through this petition, the petitioner namely (Pervaiz Khan) has prayed for pre-arrest bail in case FIR No. 299 dated 27.03.2024 offence under Section 406 PPC registered with police Station Sabzi Mandi, Islamabad. The petitioner is absent today. The learned counsel for the petitioner argued that the petitioner is unable to attend the Court as he is not feeling well. He submits that the absence of the applicant/accused is not deliberate or willful, but it is beyond his control. He, however, requests for exemption of absence of applicant/accused and submits that the applicant has a good prima facie case; therefore, the pre-arrest bail application of the applicant accused be heard and decided in his absence. The learned State Counsel assisted by the counsel for the complainant submits that the presence of the applicant in pre-arrest bail is very much essential. She further submits that the Court cannot, in the absence of the applicant, travel further into the case and examine the merits of the case. .    Argument heard, record perused. .  Perusal of the record reveals that the FIR No. 299/2024 dated 27.03.2024 under Section 406 PPC of P.S Sabzi Mandi, was registered by the petitioner being as a complaint. Later on, he was impleaded as an accused in the same case, after recording of cross-version of respondent No.2. Whereafter, he filed the instant…