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Criminal Miscellaneous No. 2795/8 of 1981, decided on 4th November 1981.

-- S. 497-Bail before arrest---Cannot be allowed as a matter of course---Mala fides of Police, victimization and abuse of process of law besides a prima facie case on merits to be shown to invoke discretion of Court-Petitioners not approaching High Court with clean hands as filing of earlier petition suppressed so that plea of Nikah raised for first time in present petition not found out Petitioners also moving High Court when their bail application still pending before Sessions Court and petitioners on interim bail, on lame pretext that Police surrounded Court premises to apprehend them-Conduct of petitioners, held, clearly disentitles them, grant of concession of pre-arrest bail, in circumstances.

Ashiq Hussain Rizvi for Petitioners.

Ch. M. Abdul Saleem for the Complainant.

A case under section 16 of Ordinance VII of 1979 was registered against the petitioners on 15th August, 1981. The petitioners ma application for pre-arrest bail before the learned Sessions Judge, Jhang and were granted interim bail. They appeared on certain dates before him, but later on two of the petitioners, namely Muhammad Shah and Ghulam Abbas Shah filed Criminal Miscellaneous No. 2482-8/1981 art this Court. This application was, however, withdrawn. Thereafter the present application was moved on behalf of four petitioners including Muhammad Shah and Ghulam Abbas Shah without disclosing the fact that application filed by two of the petitioners earlier was dismissed as withdrawn. However, this Court vide order dated 7th October, 1981 granted ad interim pre-arrest bail to the petitioners, summoned the record and the petition was ordered to be fixed along with Writ Petition No. 4786/1981. This constitution petition was disposed of on 26th October, 1981 but the bail petition is still pending. It is apparent that the learned counsel for the petitioners who appeared on their behalf in constitution petition failed to bring the order of fixation of bail petition along with writ petition. The order passed in the writ petition was to the effect that "since the case has been registered the investigation cannot be hampered. It is for the investigating Officer to collect evidence of both the parties and arrive it a certain conclusion. He is directed not to cause unnecessary harassment to the petitioner. He shall be at liberty to proceed in accordance with law".

2. Learned counsel for the complainant on instructions from Ghulam, Abbas A. S. I., Police Station Sadar Jhang states that in investigation Nikah Nama relied upon by the petitioners has been found to be fictitious and a forgery and consequently a criminal case has been registered vide P. I. R. No. 197/144. The learned counsel for the complainant further point, out that in the earlier petition filed by Muhammad Shah and Ghulam Abba -no mention whatsoever of the alleged Nikah was made despite the fact that Ghulam Abbas has been shown in the Nikah Nama as a witness of the Nikah.

3. The petitioners have not approached this Court with clean hands as filing of the earlier petition was suppressed, so that it may not be found out that the plea of Nikah was being raised for the first time in the present petition. Again on the date of hearing of the aforementioned writ petition it was not brought to the notice of the Court that the bail petition was also directed to be fixed along with the said petition.

4. Moreover the petitioners moved this Court when their bail application was still pending and they had been granted interim bail. They rushed to this Court without getting their application decided on a lame pretext that Police force was around the Court premises to apprehend them it is not denied that earlier they had been granted interim bail and as such there was no question of their arrest till rejection of the bail application by the Session Judge.

5. The conduct noted above clearly disentitles the petitioners the grant of concession of pre-arrest bail. Moreover for the grant of pre arrest bail, mala fides of the Police, victimization of abuse of process of law besides a prima facie case on merits has to be shown. As no such circumstances exist the pre-arrest bail cannot be allowed as a matter of course. The pleas on merits being raised can be attended to by the competent Courts at proper time.

This petition for the reasons given above is dismissed.

Petition dismissed.

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