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Criminal Petition for Special Leave to Appeal No. 101‑R of 1985, decided on 20th October, 1985.
(Against the order of the High Court, Lahore, dated 8‑9‑1985, passed in Crl. Miss. No. 2122/B of 1985).
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 497‑‑Pre‑arrest bail‑‑Accused applying for grant of bail straightaway before High Court suppressing fact that he had already applied for pre‑arrest bail before trial Court in which notice had been issued to State‑‑Assertions made in Petition for Leave to Appeal against grant of bail by High Court requiring consideration‑‑Leave granted.
Q.M. Salim, Advocate Supreme Court and Muhammad Aslam Ch (absent) for Petitioner.
Nemo for the State.
Date of hearing: 20th October, 1985.
The petition8seeks leave to appeal against the order of the High Court, Lahore, dated 8‑9‑1985, whereby bail before arrest was granted to the respondents.
2. Learned counsel for the petitioner submitted that the conduct of the respondent was such that he did not deserve the grant of bail. He urged that the respondents first, made an application for bail before arrest before Sayed Ijaz Hussain Gilani. Additional Sessions Judge. Faisalabad on 31‑8‑1985, who issued notice to the State without granting any ad' interim bail. The next date of hearing was, however, fixed on 5‑9‑1985 but the respondent instead of waiting for that date filed another bail application before arrest before a different Additional Session Judge in the same town namely Rustam Ali Malik, without informing the Court that he had already filed a similar application before Sayed Ijaz Hussain Gilani, Additional Sessions Judge, Faisalabad, and thus, got ad interim pre‑arrest bail from him upto 3‑9‑1985. On that date the respondent did not appear in the said Court with the result that his application was dismissed for non‑prosecution. He then applied for grant of bail straightaway before the High Court, suppressing the fact that he had already applied for pre‑arrest bail before Syed Ijaz Hussain Gilani, Additional Sessions Judge, Faisalabad, in which notice had been issued.
In view of these assertions which have been mentioned in the grounds of the petition, the matter needs consideration. Leave is, therefore, granted for the said purpose.
M.Y.H. Leave granted.
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