Crl. Misc. No,1 of 1999 ' Allowed and disposed of.
Crl. Misc. No,838-B of 1999
2. Through this petition the petitioners have sought pre-arrest bail in case F.I.R No,74 registered at Police Station Chaubara, District Layyah on 10-4-1999 for offences under sections 337-A(ii) and 337-L(ii), P.P.C. An application submitted by the petitioners for pre-arrest bail was dismissed by the learned Additional Sessions Judge, Layyah on 3-5-1999 on account of the petitioners' absence.
3. It has been noticed that the petitioners' application for pre-arrest bail was not decided by the learned Additional Sessions Judge, Layyah on the merits of the case and the same had been dismissed only on account of the absence of the petitioners. It has been maintained by the petitioners in the present petition that they had appeared before the learned Additional Sessions Judge, Layyah on 3-5-1999 in the earlier part of the day but at the time of the announcement of the order they were busy in offering Zohar prayers and, therefore, their absence before the learned Court at the relevant time was not willful. An affidavit has been submitted by the petitioners in that regard before this Court.
4. In the peculiar circumstances of this case it is hereby ordered that the petitioners shall not be arrested in connection with the abovementioned case till 17-5-1999. In the meanwhile they may approach the Court of the learned Additional Sessions Judge, Layyah again for the purposes of their pre-arrest bail, if so advised. In case the petitioners appear before the said learned Court for the purposes of prosecution of their fresh application for pre-arrest bail the same shall be disposed of on merits irrespective of the fact that their earlier application had been disposed of on account of their absence. It is, however, clarified that this protective order shall automationlly lapse at mid-day on 17-5-1999. This disposes of the present petition.
5. Copy Dasti on payment of usual charges.