2001 P Cr (PLP)

Atta Mohy-ud-Din for the State. Date of hearing: 25th September, 2000. Having been accused, of being a party to the murder of her husband through an F.I.R. bearing No.445 of 1999, dated 24-11-1999 of Police Station Mughalpura, Mst. Harneedan Bibi respondent was taken into custody. She petitioned the learned Court of Session for her release on bail but her said petition was dismissed by the learned Sessions Judge of Lahore through an order, dated 17-12-1999. She then approached this Court through Criminal Miscellaneous No.7339/B of 1999 seeking her release on bail. This petition came up before me on 28-12-1999 when Sh. Muhammad Akbar, Advocate appeared for the petitioner and when notice was issued to the State. The said petition was then listed for hearing on 21-1-2000 when none appeared for the petitioner on the ground that the maternal-grandfather of the learned counsel for the petitioner had died. The matter then got relisted on 8-2-2000 when Sh. Muhammad Akbar, Advocate appeared for the petitioner and prayed for withdrawal of the petition which petition was consequently, dismissed as withdrawn.

2. It now transpires that while the above-noticed petition for bail bearing Criminal Miscellaneous No.7339/B of 1999 was still pending disposal before this Court, the petitioner filed yet another bail petition before this Court for her release on bail bearing Criminal Miscellaneous No.543/B of 2000. This petition was filed by Ch. Ijaz Hussain, Advocate and the same came up for hearing before my learned brother Ch. Muhammad Naseem. J. (as his Lordship then was) on 3-2-2000 when notice was issued to the State and Mst. Hameedan Bibi petitioner was finally released on bail by my learned brother on 22-2-2000.

3. In this subsequent petition filed before this Court i.e. Criminal Miscellaneous No.543/B 2000 pursuant to which the petitioner had been released on bail it was specifically certified that the said bail application was the first such petition moved before this Court on the subject-matter and the factum of filing and the pendency of an earlier bail petition on behalf of Mst. Hameedan Bibi petitioner was unfortunately concealed. The learned counsel for the complainant/petitioner has now brought it to my notice that this subsequent bail application bearing Criminal Miscellaneous No.543/B of 2000 was a verbatim copy of the earlier bail application bearing Criminal Miscellaneous No.7339/B of 1999 and, therefore, it could not be said that the learned counsel moving this subsequent and second bail petition did not know of the filing or pendency of the earlier bail application.

4. After notice had been issued to Mst. Hameedan Bibi petitioner in the present application to show-cause why the bail secured by her through the above-notice manner be not recalled, she appeared before me and prayed for an adjournment for arranging the services of some learned counsel to assist this Court on her behalf. The adjournment was allowed. She then appeared on 15-5-2000 and submitted that she did not have means to engage a learned counsel at which stage Mr Azam present in Court in connection with some other cases, volurlteered to defend her in this matter.

5. Mr. Azam Sultan Suharwardi, Advocate vehemently and forcefully argues that Mst. Hameedan Bibi was entitled to the grant of bail on the merits of the case and that in the circumstances the bail allowed to her should not be recalled. Adds that Mst. Hameedan Bibi respondent stood confined in jail at the relevant time and thus, could not have personally instructed the learned counsel for moving the said second bail application nor was she in a position to manoeuvre any such happening. Also submits that the accused respondent was not at fault, therefore, she should not be penalised by recall of the bail allowed to her.

6. It is not denied that the grant of bail to Mst. Hameedan Bibi had been manoeuvred through a fraudulent act of cheating and by misleading this Court with a false certificate. Her release on bail was thus, an ill-gotten gain and sending her back to jail would not be as a matter of punishment to her for being a party to the above-noticed fraud but would in fact be by, way of returning the benefit which have been managed for her through illegal and deceitful means.

7. In this view of the matter, this petition is allowed and the bail granted to Mst. Hameedan respondent through an order, doted 22-2-2000 passed by this Court in Criminal Miscellaneous No.543/B of 2000 is recalled. The said respondent is directed to be taken into custody in terms of section 497(5) of the Cr.P.C.

8. In view of the above-noticed conduct of the learned counsel appearing in Criminal Miscellaneous Nos.7339/B of 1999 and 543/B of 2000 i.e. Sh. Muhammad Akbar, Advocate, 6/39, Malik Chambers Lower Mall, Lahore and Ch. Ijaz Hussain, Advocate, Lower Mall, Lahore are directed to appear before this Court in person on the next date of hewing. Notice is issued to them to show-cause why proceedings should not be initiated against them for their above-noticed prima facie misconduct.

9. An independent tile shall be constructed with respect to this notice and shall be listed for hearing on 23-10-2000.

10. The learned President of the Lahore High Court Bar Association, the learned Vice-Chairman of the Punjab Bar Council and Mr. Azam Sultan Suharwardi, Advocate shall assist this Court in the matter of this notice. Q.M.H./M.A.K./M-414/L Order accordingly.