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Criminal Miscellaneous No. 3237113 of 1979, decided on 8^th October, 1979.

(a) Criminal Procedure Code (V of 1898)‑---

‑‑‑S. 498‑Bail before arrest‑Contention that writ petition could not be converted into a petition for bail before arrest nor same could be entertained directly in High Court‑Contention, held, of no substance‑Allegation of mala fade against Investigating Officer specific‑Petitioners, held further, could not be directed to go to Court of Session in first instance.‑ [Writ).

(b) Criminal Procedure Code (V of 1898)‑---

--‑‑S. 498‑Bail before arrest‑[Abduction case]‑F. I. R. lodged about 6 months after alleged occurrence‑Held : A fit case for grant of bail, in circumstance.

Ghulam Nabi Bhatti for Petitioners.

Niaz Muhammad Siddqui .for A.‑G. for the State.

Date of hearing : 8th October, 1979.

Criminal Miscellaneous No. 3237/8‑79 has been made by Allah Bakhsh and seven others for their bail after arrest. Another Criminal Miscellaneous No. 3048/13 of 1979 has been moved by Mulazim Hussain and Ghulam Hussain sons of Gaman for bail before arrest.

2. Originally, Mulazim Hussain and Ghulam Hussain had filed Writ Petition No. 4538 of 1979 which was, on the prayer of the learned counsel, converted into a bail application and by my order dated 22‑8‑79, interim ‑bail was granted to them in the sum of Rs. 20,000 with one surety in the like amount on the ground that Mulazim Hussain has shown to have duly married to Mst. Wazir Bibi daughter of Rab Nawaz and a Nikahnama was also placed on the record to show that the marriage took place on 23‑1‑79 whereas F. I. R. had been lodged on 18‑7‑79.

3. Learned counsel for the State has frankly admitted that he does not oppose bail to the petitioners Allah' Bakhsh and seven others in Criminal Miscellaneous No. 3237‑B/79. He has, however, opposed the grant of bail to Mulazim Hussain and Ghulam Hussain. He raised three preliminary objections which were duly put into black and white in my order dated 7‑10‑79 and related to the conversion of writ petition into a bail petition and entertainment of a petition for bail before arrest directly in the High Court.

4. The objection that a writ petition cannot be converted into a bail petition has no substance. On the statement of the learned counsel for the petitioners, the writ petition was converted into a bail petition in the interest of justice. There were special circumstances to entertain the bail petition directly in the High Court because allegations of mala fide were made against the Investigating Officer that he was out to help the complainant in spite of the fact that he was duly apprised of the factum of nikah. In the circumstances, the petitioners were not directed to go to the Court of Session in the first instance.

5. In view of the fact that the marriage took place on 23‑1‑79 and the F. I. R. was lodged on 18‑7‑79 about six months after the alleged occurrence, I feel that this is a fit case for the grant of bail. Allah Bakhsh and seven others (petitioners in Criminal Miscellaneous No. 3237‑B/79) are admitted to bail in the sum of Rs. 20,000 with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Bhakkar. The interim bail granted to Mulazim Hussain and Ghulam Hussain (petitioners in Criminal Miscellaneous No. 3048‑B/79) by my order dated 22‑8‑1979 is confirmed.

Bail allowed‑‑

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