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Criminal Miscellaneous No. 221/B of 1982, decided on 21st February, 1982.
-------S. 498-Bail, pre-arrest-Petitioner's application for bail before arrest not adjudicated on merits by Sessions Judge due to his non -appearance-Petitioner directed to approach Sessions Judge first -----Petitioner, however, allowed interim bail meanwhile.
Moin-ud-Din Chaudhry for Petitioner.
The petitioner had earlier moved a petition for pre-arrest bail before learned Sessions Judge, Dera Ghazi Khan. He was granted interim relief. He was absent on the next date of hearing. However, the learned Sessions Judge, instead of dismissing his petition for non-appearance, extended the interim bail and adjourned the case to some other date. Even on that date, the petitioner failed to appear before the learned Sessions Judge. His bail petition was disposed of by the learned Sessions Judge on that date obser ving that the petitioner does not seem to be serious to pay back the Government money. The petitioner moved this Court and he was granted interim bail but on the next date fixed for hearing, the petitioner did not appear. The learned counsel for the petitioner has stated that non-appearance before the learned sessions Judge was because of illness which was supported by an admission Bedhead ticket from the hospital. With regard to the non-appearance in this Court, the learned counsel has stated that the petitioner had boarded the bus for Multan from Dera Ghazi Khan but due to some technical defect in vehicle on the way the petitioner came late and by that time the petition had been disposed of.
2. It is obvious from the order passed by the learned Sessions Judge that the bail petition has not been adjudicated on merits. Since the Sessions Judge's Court is the Court of first instance, the petitioner should move that Court first to have the matter adjudicated. He is directed to approach the Court of Session first, if so advised.
3. In the meantime to provide him opportunity of appearing before the Sessions Judge unhindered, he is admitted to interim bail provided he furnishes bail bond in the sum of Rs. 25,000 with two sureties each to the like amount to the satisfaction of Assistant Commissioner, D. G. Khan till 3rd March, 1982. The petition is disposed of in the light of the above order.
4. The petitioner shall appear in person before the Sessions Judge in case he moves that Court for pre-arrest bail.
Order accordingly
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