SHAUKAT BUTT vs State Ss — 2025 PLD 731 LAHORE-HIGH-COURT-LAHORE

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SHAUKAT BUTT VS State Ss. 497(5), 435, 369 & 561-a---Penal Code (XLV of 1860), Ss. 324, 148 & 149---attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---ad-interim pre-arrest bail---Non-appearance of petitioner/accused---Petitioner was granted post-arrest bail in the case but later on it was cancelled---Petitioner challenged the bail cancellation order by filing revision petition but the same was dismissed due to the petitioner's non-appearance---Petitioner challenged the bail cancellation order by filing another revision petition---Validity---Dismissing the matter solely due to the petitioner's absence might have defeated the very purpose for which it was admitted---Therefore, although the Court retained the discretion to dismiss application for non-prosecution, judicial propriety demanded that such discretion be exercised cautiously where the petition had passed the threshold of admission---Even where a revision petition was dismissed in default, the aggrieved party may seek its restoration under the inherent jurisdiction of the High Court---High Court was empowered under S. 561-a, Cr.P.C., to set aside such an order if sufficient cause for non-appearance was shown---Restoration in such circumstances did not attract the prohibition under S. 369, Cr.P.C., as a dismissal for non- prosecution did not constitute a judgment on merits---Second revision petition against the same order was not maintainable where the first was dismissed for non-prosecution because such dismissal did not operate as a decision on merits---However, that did not leave the aggrieved party remediless---appropriate course was to seek restoration of the earlier petition under S. 561-a, Cr.P.C., by demonstrating sufficient cause for non-appearance---Mere assertion is not enough, the reasons must be stated with particularity and supported by material on record, where possible---Petition being not maintainable was dismissed accordingly.

SHAUKAT BUTT vs State Ss — 2025 PLD 731 LAHORE-HIGH-COURT-LAHORE

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