1. ' The facts leading to the filing of this application seeking pre-arrest bail are that a case under section 325/336/148/149, P.P.C. Stands registered against the petitioner and some others with Police Station Saddar, Chiniot vide F.I.R., dated 18-2-1989. The contention of the learned counsel for the petitioner is that he and his co-accused applied for pre-arrest bail which came up before Additional Sessions Judge, Chiniot and they were allowed ad interim bail. Submits that on 18-3- 1989 the application for pre-arrest bail of the petitioner was fixed for hearing but he could not enter appearance because of ailment. Submits that a medical certificate was duly placed on the file of the learned Court but the same was not relied upon and the application of the petitioner was dismissed for non-prosecution. Submits that in the absence of any material contrary to the M.C.
2. Available on the record the learned trial Court should not have dismissed the application.
3. ' I have heard the learned counsel. Without commenting upon the merits of the case I allow pre- arrest ad interim bail to the petitioner in the sum of Rs,20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Chiniot. I also direct the learned Additional Sessions Judge, Chiniot to hear the application of the petitioner on merits and decide. The petitioner shall move fresh application within one week. In case the petitioner fails to move an application for bail, the ad interim by the Court shall cease to operate w,e,f, 1st of April, 1989. With this observation the petition stands disposed of. .