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Criminal Petition for Special Leave to Appeal No. 50-R of 1980, decided on 25th November, 1980.

---Ss. 498 & 561-A-Petitioner's bail application dismissed for his non-appearance on date of hearing-Contention that petitioner having apprehended arrest by Police while on way to High Court, his case covered by rule laid down in P L D 1974 Lah. 256-Petitioner having, filed application under S. 498 and not under S. 561-A, Criminal Procedure Code, 1898 as in case reported as P L D 1974 Lah. 256, peti tioner's case, held, not covered by rule laid down in judgment referred to and his application liable to be dismissed but he could file fresh application in High Court under S. 561-A.

Sh. Zahoor Ahmad v. The State P L D 1974 Lah. 256 distinguished.

Shaukat Ali, Senior Advocate and Ch. Akhtar All, Advocate-on-Record for Petitioner.

Ejaz Ali, Additional Advocate-General (Punjab) (absent) for the State.

Date of hearing : 25th November, 1980.

.-The petitioner's bail application was dismissed by the Sind High Court on 25-10-1980, inter alia, on the ground that he was not present when his case had come up for bearing. Now, Mr. Shaukat Ali's explanation for the petitioner's absence in the High Court (except on 18-9-1980, when the petition was admitted to regular hearing) was that the Police would have arrested him on his way to the High Court, therefore, learned counsel relied on a judgment of one of us (M. A. Zullah, J.) in Sh. Zahoor Ahmad v. The State (P L D 1974 Lah. 256). The judgment is distinguishable on the facts, because the petitioner had filed an application under section 498 of the Criminal Procedure Code and not under section 561-A of the Criminal Procedure Code. Therefore, this petition is dismissed, but the f petitioner is free to file a fresh application in the Sind High Court under section 561-A of the Criminal Procedure Code.

Petition dismissed.

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