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Fresh Bail in case of dismissal on non prosecution basis

  PLJ 2021 SC (Cr.C.) 317 [Appellate Jurisdiction] Present: Syed Mansoor Ali Shah and Amin-ud-Din Khan, JJ. SHAZAIB, etc.--Petitioners versus STATE, etc.--Respondents Crl. P. No. 1075-L of 2020, decided on 29.7.2021. (Against the order dated 28.09.2020 passed by the Lahore High Court, Lahore in Crl. Misc. No. 39004-B/2020) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498-A--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(i)/337-F(i)(v)/337-L(ii)/337-U(i)--Pre-arrest bail--Dismissal of pre-arrest bail due to non prosecution--Effect of--Fresh & second or subsequent pre-arrest bail petition--Once a pre-arrest bail is admitted for hearing and notice is given to state, it has to be decided on merits notwithstanding absence of petitioner on date fixed for hearing--In case petition is dismissed for non appearance of accused, petitioner can file a fresh bail petition before same court provided that he furnishes sufficient explanation for his non appearance in earlier bail petition ...