2007 P Cr (PLP)

Laws Cited

Representation

• ----S. 498---Penal Code (XLV of 1860), Ss.420, 468, 471 & 506---Bail before arrest---Second bail application---Earlier bail application of accused was dismissed for non-prosecution and in second bail application accused did' not mention that his earlier application for bail before arrest was dismissed---High Court granted to accused interim bail before arrest and matter was fixed for date and accused was directed to appear before High Court on each and every date of hearing till final disposal of bail application---Neither accused nor his counsel was present on the date fixed for hearing and accused did not even file bail bond---Perpetual warrant of arrest and notice of contempt of court were issued against accused, but accused was not present before the Court---Advocate-General was asked to direct Superintendent of Police concerned to arrest accused and produce him before High Court---S.H.O. concerned was also directed to submit a report whether accused had been involved in other cases prior to registration of the present case.
• Ch. Muhammad Hanif Khatana, Addl. A.-G. along with Muhammad Aamar Zulfiqar, S.S.P. and Abdul Razzaq, Bailiff for Petitioner.
• KHAWAJA MUHAMMAD SHARIF, J.--- Abdul Razzaq Bailiff of this Court had produced record of bail application of Iqbal Hussain respondent in case F.I.R. No.215 of 2006 dated 1-3-2006 registered under sections 506, 420, 468, 471, P.P.C. This is second application for bail before arrest before the learned Sessions Judge, Lahore. His earlier application was dismissed for non-prosecution. In fact after dismissal of his earlier application for non-prosecution on 27-4-2006 petitioner applied for bail before arrest. This Court granted him interim bail before arrest on 4-3-2006 and the matter was fixed for 11-5-2006. He was directed to appear before this Court on each and every day for hearing fixed by this Court till the final disposal of the bail application. Then the matter came up for hearing on 11-5-2006. On that day neither respondent nor his counsel was present. He even did not file bail bonds. Perpetual warrant of arrest and notice of contempt of Court were also issued against him for 19-5-2006. On 19-5-2006 Iqbal Hussain respondent was not present before this Court. Rana Abdul Hamid Advocate submitted his power of attorney but this Court did not entertain the same. I had asked S.S.P. Operation to arrest the respondent and produce him before this Court on 22-5-2006. S.S.P. Operation appeared before this Court today and he submitted a report that a raid was conducted but respondent was not available and ultimately he came to know that petitioner has been allowed bail before arrest by Mr. Jahandad Bainth learned Additional Sessions Judge, Lahore till 23-5-2006. On this I have summoned record of bail petition which is now before this Court. In this bail application Iqbal Hussain respondent never mentioned that his application for bail, before arrest was also dismissed by this Court.
• 3. Learned Additional Advocate-General shall convey the order of this Court today immediately and he will inform learned Additional Sessions Judge that he will wait for order of this Court. I have asked learned Additional Advocate-General to direct S.S.P. Operation to arrest Iqbal Hussain respondent and produced him before this Court on 26-5-2006.
• 4. At this stage learned Additional Advocate-General submits that S.P. Saddar may be asked to arrest the respondent and produce him before this Court. I have asked learned Advocate-General to direct S.P. Saddar to arrest the respondent Iqbal Hussain and produce him before this Court on 26-5-2006. S.H.O. Islampura is directed to submit a report whether Iqbal Hussain respondent has been involved in other cases prior to the registration of this case.

Headnotes / Summary

Judgment & Decree