Bail petitions should be decided within the shortest possible time.

 2021 PCrLJ 250

ملزمان ضمانت قبل از گرفتای دائر کر کے پہلے تو تاخیری حربے استعمال کرکے اسکو زیادہ سے زیادہ طوالت رینے کی کوشش کرتے ہیں اور جب وہ دیکھتے ہیں کہ جج صاحب اب مزید تاریخ نہیں دیں گے تو جان بوجھ کر غیر حاضر ھو کر درخواست ضمانت قبل از گرفتای عدم پیروی خارج کرا لیتے ہیں اور دوبارہ نئے سرے سے درخواست ضمانت قبل از گرفتاری دائر کرنے کا سلسلہ شروع کر دیتے ہیں جو کہ قانون کے ساتھ سراسر مذاق ھے

The policy of law is that bail petitions should be decided within the shortest possible time. Nevertheless, in a number of cases the accused applying for pre-arrest bail first use dilatory tactics to gain time and then deliberately absent themselves when they feel that the presiding officer would not allow any more adjournments. If their bail application is dismissed for non-prosecution, they start afresh in sheer abuse of the process of law. This cannot be permitted.

Therefore, once a pre-arrest bail application is admitted it must be decided on merits in all eventualities.

2021 PCrLJ 250

Criminal Procedure Code (V of 1898)--- ----Ss. 498, 498-A, 435 & 439---Pre-arrest bail, grant of--Principles of adjudication on bail applications---No bail to be granted to a person not in custody, in Court or against whom no case was registered, etc.- Dismissal of application for bail for non-prosecution--Absence of accused from Court premises---Policy of law on adjudication of bail applications-Scope---Accused/applicant impugned order of court below whereby his application for pre-arrest bail was dismissed on ground of non-prosecution due to his absence from court despite fact that accused subsequently filed miscellaneous application explaining that he had been picked up by. police on day of such hearing--- Validity---Bail before arrest was an extraordinary relief which was granted in special circumstances to protect innocent persons from victimization though abuse of law for ulterior motives---Pre-arrest bail was not to be used as substitute or alternative for post-arrest bail and accused person must surrender before court and physically appear not only at time of first hearing but also on all subsequent trarings till bail application had been decided unless accused person's attendance was dispensed with---Where accused was absent for a genuine cause, then court must show indulgence---Policy of law was dhat bail should be decided within shortest possible time and frequent dismissals of bail application for non-prosecution was abuse of process of law and a dilatory tactic which could not be permitted---Once pre- arrest bail application was admitted, then same must be decided merits sustained as court below dismissed pre-arrest bail application of accused for non-prosecution instead of deciding same on merits; and did not wait for reply of State on accused's application alleging pickup by police---Impugned order was set aside and matter was remanded to court below to decide accused's application for pre-arrest bail on merits and in accordance with law---Revision was allowed, accordingly.