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Criminal Miscellaneous No. 733/B of 1971, decided on 26th March 1971.
S. 498‑‑Bail before arrest Petition for bail before arrest must, in first instance, be presented to Sessions Judge‑Such petition filed in High Court direct and no compelling reasons shown fur not approaching Sessions Court in first instance‑Petition, in circumstances, dismissed.
Nasir‑ud‑Din Shah and another v. The State P.L D 196 Lah. 516 Riaz Ahmad v. Toba Tek Singh Co‑operative Mortgag Bank 1968 P Cr. L J 1940 (1) and Muhammad Nawaz v. The Stat Cr. Misc. No. 8116 of 1970 Tel.
Wasim Sajjad for Petitioners.
This is a petition under section 498, Cr. P. C. for admission of eight petitioners to bail before arrest in a case under sections 148, 302/326/325/149, .P. P. C. registered against them on 23‑3‑1971 at Police Station Nankana Sahib, District Sheikhupura, but no compelling reasons have been shown for not approaching the learned Sessions Judge of the District in the first instance for this purpose. This practice of by‑passing the lower Courts is on the increase day by day and to encourage it would be setting an unhappy precedent. Mr. Manzur Qadir, C. J., as he then was, faced with a similar situation was pleased to dismiss the petition in Nasir‑ud Din Shah and another v. The State (P L D 1963 Lah. 516.) with the remarks that if this Court allows itself to be so used, it must be prepared to take over the function of considering the applications of all persons who think they are about to be arrested and running away from the police to take refuge here. In another case reported as Riaz Ahmad v. Toba Tek Singh Co‑operative Mortgage Bank (1968 P Cr. L J 1940 (1)) the petitioner was also directed to move the learned Sessions Judge in the first instance. I have had the benefit of seeing a recent order passed by my Lord, the Chief Justice in Muhammad Nawaz v. The State Cr. Misc. No. 8116 of 1970 in which he had dismissed in limine the petition for bail before arrest with a similar direction. Taking this view of the matter I am not inclined to entertain this petition and dismiss the same. The petitioner, if so advised, may approach the learned Sessions Judge for the purpose.
Petition dismissed.
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