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ALMAS ULLAH DAD vs State Ss — 2023 PCrLJN 73 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PCrLJN 73 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Parties
ALMAS ULLAH DAD vs State Ss
Subject matter
Criminal
Provisions referred to
S. 498-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALMAS ULLAH DAD VS State Ss. 498 & 498-a---Pre-arrest bail petition---accused not present before the Court at the time of hearing of his pre-arrest bail petition---Effect---accused, after dismissal of his application for pre-arrest bail by the Sessions Judge due to his non-appearance, filed application before the High Court for similar relief---Held; S. 498-a, Cr.P.C., had created a statutory fetter or statutory pre-condition requiring the presence of the accused in person in Court for the exercise of jurisdiction by the Court for granting pre-arrest bail---In case, the accused is not personally present in Court, the Court is not authorized to grant him bail and the petition was to be dismissed for his lack of presence in Court---However, in case some explanation is furnished for his non-appearance, the Court may, if it finds that explanation satisfactory, exempt his presence for that day and adjourn the hearing of the petition for a short period---High Court remitted the application to the Sessions Judge for treating the same a fresh application---accused was directed to furnish reasonable ground qua his absence on the day of decision of his earlier pre-arrest bail application.

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