PLJ 2024 Cr.C. (Note) 71
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
MUHAMMAD ARSHAD--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 746-B of 2023, decided on 6.2.2023.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324/34--Second pre-arrest bail petition--Pre-arrest bail is an extra ordinary relief--Conduct of the petitioner--Dismissal--First pre-arrest bail petition of the petitioner was dismissed by the Court of first instance due to non-appearance of petitioner--Second pre-arrest bail petition was dismissed--Petitioner filed his third pre-arrest bail petition before the court of first instance--But, he concealed the factum of dismissal of his bail petition--Pre-arrest bail is an extra ordinary relief, which is to be extended in favour of the vigilant and not to the indolent and no one can be allowed to approach the courts at the time of his own choice--The conduct of the petitioner clearly depicts that he is playing hide and seek with the courts. Such conduct amounts to abuse of process of law and disentitles the petitioner for the concession of extra ordinary relief of pre-arrest bail--Petition in hand having no force is hereby dismissed.
[Para 2 & 3] A, B & C
Khawaja Qaiser Butt, Advocate for Petitioner.
Date of hearing: 6.2.2023.
Order
Through this petition filed under Section 498, Cr.P.C., the petitioner seeks pre-arrest bail in cross version under Sections 324 & 34, PPC, recorded in case FIR No. 344/2022, dated 30.10.2022, offences under Sections 302, 324, 429, 148 & 149, PPC, registered with Police Station Okanwala Bangla, District Sahiwal.
2. Bare perusal of the record reflects that the first pre-arrest bail petition of the petitioner was dismissed by the learned Court of first instance on 25.11.2022 due to non-appearance of petitioner whereas his second pre-arrest bail petition was dismissed by the learned Addl. Sessions Judge, Chichawatni on 05.12.2022. Thereafter, the petitioner approached this Court seeking anticipatory relief of pre-arrest bail which was disposed of vide order dated 18.01.2023 with the direction to approach the Court of first instance by furnishing satisfactory reasons of absence before the said Court on 25.11.2022 & 05.12.2022 and if the Court is convinced with the same, it may act in accordance with law. Thereafter the petitioner filed his third pre-arrest bail petition before the Court of first instance on 20.01.2023 but he concealed the factum of dismissal of his bail petition on 05.12.2022 by the Court of first instance. The third bail petition of the petitioner was dismissed by the Court of first instance vide order dated 27.01.2023 in view of dictum laid down by the Honourable Supreme Court of Pakistan in case titled “Azam Saleem and another versus The State and another” (PLD 2021 Supreme Court 894).
3. Needless to mention that pre-arrest bail is an extra ordinary relief, which is to be extended in favour of the vigilant and not to the indolent and no one can be allowed to approach the Courts at the time of his own choice. The conduct of the petitioner clearly depicts that he is playing hide and seek with the Courts. Such conduct amounts to abuse of process of law and disentitles the petitioner for the concession of extra ordinary relief of pre-arrest bail. Even today learned counsel for the petitioner could not furnish any plausible reason for his absence on 25.11.2022 as well as 05.12.2022 before the Court of first instance.
4. For the foregoing facts and circumstances, the petition in hand having no force is hereby dismissed in limine on account of conduct of petitioner.
(M.A.B.) Petition dismissed
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