Law: Code of Criminal Procedure, 1898

Section: 497, 498 , 498-A

Law: Pakistan Penal Code (PPC),1860

Section: 148, 149, 172, 173, 174, 186, 212, 353, 506(ii)

Bail Petition-- ----It is well within legal framework to ask for decision of his bail petition on merits by High Court--He suggested in course of arguments that appearance of accused before Court for pre-arrest bail is essential only on first date of hearing and thereafter, petition must be decided on merits even in his absence.     [Para 2] A 2000 PCr.LJ 138; 1981 PCr.LJ 61 & 1974 PCr.LJ 482. Bail-- ----Accused was under arrest in another case but his pre-arrest bail petition was decided on merits while touching principle of fair trial based on access to justice--His submissions continued with solicitation that if above request is not acceded to then case--The petitioner with a settled legal premise that arrested in another case, accused shall not be deprived of decision of his bail petition on merits and his presence can be secured by his summoning from police/judicial custody.                                                     [Para 2] B PLJ 2021 Cr.C. (Lahore) 550. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497, 498 & 498-A--Admitted to bail--The section commands three essentials for grant of bail; which are (i) accused must be in custody or (ii) present before Court, and (iii) a case must be registered--Though above section uses two expressions for grant of bail i.e., ‘to release on bail’ or ‘ to be admitted to bail’, probably for grant of bail under Sections 497 & 498 of Cr.P.C. respectively, therefore, it is usually read that expression ‘to release on bail’ relates to custody and is used for post arrest bail while ‘to be admitted to bail’ connotes presence of accused in Court and is used for pre-arrest bail, yet it is a misconception which has already been clarified by Supreme Court of Pakistan--The words “admitted to bail” are used both in Sections 498 & 498-A, Cr.P.C., therefore, Supreme Court…