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-- S. 498-Bail-Mere fact of petitioners having come to High Court headquarters, engaged a counsel, and borne heavy expenses-No justification for entertaining bail petition directly in High Court.

(b) Criminal Procedure Code (V of 1898)

S. 497(1)-Bail before arrest-Provisions of subsection (1) of S. 497--Permit accused to appear before Court of Magistrate even prior to his physical arrest and seek bail-Bail allowed at such stage-Bail before physical arrest for all practical purposes.

(c) Criminal Procedure Code (V of 1898)-

Ss. 497, 498 & 498-A-Bail before arrest-Accused petitioner unless surrendering to custody of Court, his request for pre-arrest bail cannot be considered-No practical difference, held, qua appearance/ surrender before Magistrate and/or before High Court/Sessions Court.

Major Waheedud Din Virk for Petitioners.

There is no justification for the petitioners not moving the lower Courts. in the first instance so that the opinion of those Courts with regard to the' merits of the case is available to the High Court. The mere explanation A offered by the learned counsel that the petitioners have come to Lahore and have engaged a counsel and thus have borne heavy expenses is no justification for entertaining the petition directly in the High Court.

2. Learned counsel states that the petitioners cannot move for bail before arrest before the Magistrate. In so far as the technical phraseology "bail before arrest used in some rulings is concerned, this might, on face, appear to be correct ; but the previsions contained in subsection (1) al section 497, Cr. P. C. permits an accused person to appear before a Court of Magistrate even prior to his physical arrest and thus after presenting himself before the Court seek bail under subsection (1) of section 497, Cr. P. C., for all practical purposes, if the Magistrate grants bail it would be bail before physical arrest. With regard to the petitions in the High Court or in the Court of Session for pre-arrest bail under section 498 read with section 497, Cr. P. C. condition is not in any way different. Unless the accused petitioner surrenders to the custody of the Court, his request for pre-arrest bail cannot c be considered. Thus, qua the appearance/surrender before the Magistrate and/or before the High Court/Sessions Court, there is no practical difference, This clarification has been made on the asking of the learned counsel. This petition accordingly is dismissed in limine.

S. A. H. Appeal dismissed.

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