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Criminal Petition for Leave to Appeal No. 74/11 of 1979, decided on 6th October, 1979.
(On appeal from the judgment and order of the Peshawar High Court dated 18‑8‑79 in Cr. Misc. No. 695 of 1979).
Criminal Procedure Code (V of 1898)‑
‑‑ S. 497‑Bail before arrest, grant of‑Petitioner's presence before Court‑Necessary requirement in cases of bail before arrest‑No reason for absence indicated‑Petition for bail before arrest dis missed for non‑ prosecution‑Constitution of Pakistan (1973), Art. 185 (3).
Qasim Imam, Advocate‑on‑Record for A.‑G. (N.-W. F. P.) for the State.
Date of hearing : 6th October, 1979.
‑This is a petition for bail before arrest by a public servant accused of offences falling under sections 409, 420, 468 and 471 of the Pakistan Penal Code read with section 5 (2) of the Prevention of Corruption Act II of 1947. Bail before arrest was refused by a learned Judge of the Peshawar High Court by his order dated the 1st of August, 1979. On the 8th of September, 1979, a learned Judge of this Court was pleased to direct issuance of notice to the State.
The learned Advocate‑on‑Record for the petitioner has not appeared owing to the sudden death of his mother. However, the petitioner is also absent. In all cases of bail before arrest it is a requirement that the petitioner should be present before the Court. There is no indication as to why the petitioner is not present even though his Advocate‑on‑Record could not be present for the reason stated above. In the circumstances, we dismiss this petition for non‑prosecution.
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