1. ' ANWARUL HAQ, C. J.-This is a petition for bail before arrest by a public servant accused of offences falling under sections 409, 420, 468 and 471 of the Pakistan Penal Code read with section 5 (2) of the Prevention of Corruption Act II of 1947. Bail before arrest was refused by a learned Judge of the Peshawar High Court by his order dated the 1st of August, 1979. On the 8th of September, 1979, a learned Judge of this Court was pleased to direct issuance of notice to the State.
2. The learned Advocate-on-Record for the petitioner has not appeared owing to the sudden death of his mother. However, the petitioner is also absent. In all cases of bail before arrest it is a requirement that the petitioner should be present before the Court. There is no indication a to why the petitioner is not present even though his Advocate-on-Record could not be present for the reason stated above. In the circumstances, we dismiss this petition for non-prosecution.