Man denied pre-arrest bail over chewing gum

Court notes applicant exhibited 'non-submissive' behaviour mandatory for extra ordinary concession of pre-arrest...


Hasnaat Malik January 31, 2020
Representational image. PHOTO: REUTERS

ISLAMABAD: In an unusual incident, an accused was denied pre-arrest bail after failing to respond to an additional district and sessions judge’s questions as he was chewing gum

An order issued by the additional district and sessions court in Islamabad observed that the applicant, Yasir Arafat, missed his first call to hearing while on the second call he was “chewing the chewing-gum when asked for the reason and he could not give a satisfactory reply”.

The court order noted that Arafat’s conduct made him appear to be “non-submissive” which is a “mandatory requirement for the extraordinary concession of bail before arrest”.

The pre-arrest bail application was denied under Section 498 (Power to direct admission to bail or reduction of bail) of the Criminal Procedure Code (CrPC) which states that the “amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct that any person be admitted to bail, or that the bail required by a police officer or Magistrate be reduced”.

Speaking to The Express Tribune, lawyer Salman Safdar said he "always advises" his clients on "wearing appropriate attire and giving respect to courts".

"Courts take offense if appearance is inappropriate conduct objectionable," added Safdar.

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