2021 P Cr (PLP)

ALI BAIG, J.

The petitioner/accused namely Faizan Rehmat son of Kamran Mughal, through the instant petition, has challenged the impugned order dated 03-09-2019 passed by the learned Additional Sessions Judge Diamer, whereby, the learned Additional Sessions Judge has maintained the bail order dated 02-05-2019 passed by the learned Judicial Magistrate Chilas.

2. I intend to decide the petitions bearing Cr. Misc. No.47/2020 and Cr. Misc. No.48/2020 by this one consolidated order having similar facts and law.

3. Briefly facts giving rise to the filing of these two petitions filed under section 561-A, Cr.P.C. are that the present petitioner/accused was booked in two criminal cases registered under sections 420, 489-F/34, P.P.C. vide FIR No.91/2018 and under sections 420, 489-F and 506(II), P.P.C. vide FIR No.11/2019 at Police Station City Chilas. Accordingly, the petitioner/accused was arrested by local police of Police Station City Chilas and, after completion of usual investigation, he was got committed to judicial lock up at Chilas.

4. The petitioner/accused filed post arrest bail petition in the court of the learned Judicial Magistrate Chilas which was allowed with the condition to furnish bank guarantee worth Rs.10,000,000/- (Ten Millions) vide bail order dated 02-05-2019. The present petitioner had challenged the bail order to the extent of condition of bank guarantee in the court of the learned Additional Sessions Judge Diamer through Criminal Revision No.01/19 and Criminal Revision No.02/2019 respectively, which were dismissed by the learned Additional Sessions Judge Diamer vide impugned order dated 03-09-2019, hence these petitions.

5. The learned counsel appearing on behalf of the petitioner/accused has contended that the impugned order passed by the learned Additional Sessions Judge Chilas is contrary to law and facts on the record of the case as such the impugned judgment/order passed by the learned court below is not maintainable and liable to be set aside. The learned counsel for the petitioner has further contended that the condition imposed in the bail order passed by the learned Judicial Magistrate Chilas is illegal and the learned Additional Sessions Judge Diamer has wrongly upheld the said condition, therefore, the orders passed by both the courts below are illegal and liable to be set aside.

6. On the other hand, the learned Deputy Advocate General has vehemently opposed these bail petitions by contending that since the petitioner is non-local and belongs to Abbotabad, therefore, the learned Judicial Magistrate has rightly imposed the condition of bank guarantee. The learned Deputy Advocate General has further argued that the counsel for the petitioner had agreed to furnish bank guarantee at the time of passing of bail order dated 02-5-19, passed by the learned Judicial Magistrate Chilas.

7. I have given my dispassionate thought to the arguments advanced by the learned counsel for the parties and perused the record with their assistance.

8. From perusal of record, it transpires that the learned Judicial Magistrate has passed the bail order dated 02-05-2019 on the consent of parties as the learned counsel for the petitioner/accused had stated that the petitioner/accused is ready to furnish bank guarantee if bail is granted in favour of the petitioner/accused as evident from the bail order dated 02-05-2019 passed by the learned Judicial Magistrate Chilas and at this stage the petitioner/accused cannot resile from his earlier statement. Thus, the petitioner/accused is estopped by his conduct and admission to challenge the impugned order passed by the learned trial court/Judicial Magistrate Chilas District Diamer.

9. In view of the above discussion, I am of the considered view that the instant petitions have no merit and the same are accordingly dismissed. Certified true copy of this judgment/order be placed on Criminal Misc. No.48/2020. File. SA/39/GB Petitions dismissed.