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2022 MLD 403

Iqbal Ahmed vs The State

Petitioner: Iqbal Ahmed VS Respondent: The State

Court: Sindh High Court Decision Date: 2021-09-01

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Aftab Ahmed Gorar Title: Iqbal Ahmed vs The State Case No.: Criminal Bail Applications Nos.562, 563, 564 of 2021 Date of Judgment:2021-09-01 Reported As: 2022 MLD 403 Result: Application dismissed

Judgment ORDER AFTAB AHMED GORAR, J.---- Applicant is called absent. Record shows that after obtaining pre-arrest bail by this Court vide order dated 06.04.2021 passed in Crl. Bail Applications Nos. 562, 563 and 564 of 2021, the applicant has not appeared before the court and applications for condonation of his absence were moved on one or the other reasons. Record further shows that on previous date of hearing, the applicant was not in attendance and learned counsel for the complainant opposed the request for condonation of absence of the applicant, the hearing was adjourned for today's date, as a last chance, with note of caution that in case the applicant fails to appear , the interim order of granting bail shall be recalled. Today also the position is same. Despite repeated calls the applicant is called absent. It may be noted that the applicant who was released on interim pre-arrest bail must attend the court on each and every date. The presence of the applicant is required through out the proceedings of the pre- arrest bail application and the fact that he appeared on the first date when ad interim bail was granted does not in any manner lessen the rigours of Section 498-A, Cr.P.C. or absolve the responsibility of the accused from appearing in person before the court. In the circumstances, interim pre arrest bail granted to the applicant vide order dated 06.04.2021 is recalled and the instant bail applications i.e. Criminal Bail Applications Nos.562, 563 and 564 of 2021 are dismissed for non-prosecution.

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