Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898) S. 498-Bail, principle governing grant of-Bail application once admitted to regular hearing-To be decided on merits even in absence of petitioner-Petitioners absent on date fixed for hearing their bail applications for confirmation on' account of their illness-Sessions Judge, held, being under obligation to dispose of such petitions on merits, could not reject same summarily on account of their illness -Sessions Judge, held further, could insist on petitioners' appearance on a later date, failing which their bail bonds could be cancelled-Impugned order set aside, in circumstances. Date of hearing: 23rdJune, 1980.                                                                                                                  JUDGMENT The facts of the case are that Mr. Azhar Hafeez learned Additional Sessions Judge, Lahore, by his order dated 27-5-1980, dismissed the bail application of the petitioners, who were already on interim anticipatory bail, on account of their non-appearance. It is admitted on record that the petitioners while being granted interim pre-arrest bail surrendered themselves before the Court. 2. The aforesaid order dated 27-5-1980 was, set aside by this Court vide order-dated 9-6-1980 and the petitioners were directed to appear before the learned Additional Sessions Judge on 12-6-1980. While admitting the Criminal Miscellaneous to regular hearing, the petitioners were granted interim pre-arrest bail. It was directed that their bail bonds would remain effective till their bail application was decided by the learned Additional Sessions Judge on merits. 3. Since the learned Additional Sessions Judge, according to the petitioners, was to be on leave on 12th and 13th of June, 1980, therefore, they approached him on 10-6-1980 on the basis of the order passed by this Court on 9-6-1980 whereby it was held that since the…