Law: Criminal Procedure Code (V of 1898)

Section: 498,514

Law: Pakistan Penal Code, 1860

Section: 101,147,148,149,324,447,506(2),511

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.324, 447, 506(2), 511, 101, 147, 148 & 149---Pre-arrest bail, refusal of---Accused had misused concession of interim pre-arrest bail granted to him by avoiding to appear before the Trial Court---Strong presumption was that accused had absconded---Accused, by his own conduct, had disentitled himself to the discretionary relief of pre-arrest bail---Neither F.I.R, had shown that case against accused was based on ulterior motive,. nor the prosecution had been initiated to disgrace or humiliate him for mala fide reasons, nor any material had been placed on record to presume enmity or even hostility with complainant---Contents of F.I.R. revealed that accused was even not known previously to the complainant---Ingredients for grant of pre-arrest bail, otherwise were conspicuously missing---Order whereby accused was granted interim pre-arrest bail, was recalled. THIS ORDER PASSED BY: MUHAMMAD MOOSA K LEGHARI, JUSTICE---.--- The Applicant Syed Ubaid Ahmed was granted interim pre-arrest bail in the sum of Rs.1,00,000 vide order 10-5-2006. The matter was being adjourned from time to time. However, when it came up for hearing on 2-4-2007 learned counsel for the Complainant made a statement at the bar that except accused Ghulam Muhammad none, including the present Applicant, was appearing before the trial Court. In the circumstances, report was called from the trial Court. Learned counsel for the Complainant was also required to produce certified true copies of the case diaries. On the next date of hearing viz. 9-4-2007 learned counsel for the Complainant produced certified copies of the case diaries of the trial Court. On the said date, arguments were partly heard. The perusal of case diaries revealed that on 18-7-2006 Mr. Fareed Ahmed Dayo advocate appeared before the trial Court and filed undertaking to appear on behalf of Applicant Ubaid and also produced copy of order granting interim pre-arrest bail to the Applicant. On the next date viz. 11-8-2006 Applicant Ubaid did not appear and his advocate tiled application for condonation of his absence. The absence was condoned for the said…

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