1997 P Cr (PLP)

S. 526

Penal Code (XLV of 1860), S.324

Transfer of case

Two previous pre-arrest bail applications of the accused had been dismissed for non- prosecution and the present third pre-arrest bail application was sought to be transferred to some other Court

Conduct of the accused in delaying the disposal of his pre-arrest bail application did not entitle him for transfer of the same

Additional Sessions Judge had already shown undue indulgence by prolonging the disposal of pre-arrest bail application of accused unnecessarily hampering the investigation for a long time

Transfer application being wholly misconceived and aimed at to further delay the pending pre-arrest bail, application was dismissed in limine. Syed Mushtaq Mustafa Shah, Advocate. Through this petition the petitioner seeks transfer of his pre-arrest bail application pending in the Court of Malik Muhammad Sadiq Sikandar, Additional Sessions Judge :Multan.

2. Brief facts of the case are that petitioner is involved in a case F.I.R. No.83, dated 30-5-1996 under section 324, P.P.C., registered at Police Station Lohari Gate, Multan. He was granted pre-arrest bail by the learned Additional Sessions Judge, which was dismissed on 10-7-1996 for non-prosecution. The petitioner repeated the same petition again but on his failure to appear, it was dismissed on 10-4-1997 for the second time. He submitted third petition for pre- arrest bail oh 22-4-1997 before the same learned Additional Sessions Judge, which is fixed for hearing on 28-4-1997. The said third pre-arrest bail application is sought to be transferred through the present petition.

3. The petitioner earlier filed a petition for transfer of his aforesaid bail application from the Court of the learned Additional Sessions Judge to any other Court of competent jurisdiction before the learned Sessions Judge, Multan, which was dismissed on 22-4-1997 after calling comments from the learned Additional Sessions Judge. The comments submitted were examined by the learned Sessions Judge, wherefrom it is evident that the petitioner is delaying the disposal of the pre-arrest bail petition under one pretext or the other. Such prayer was refused by the learned Sessions Judge, thereafter the present petition has been filed in this Court.

4. I have heard the learned counsel for the petitioner and gone through the order passed by the learned Sessions Judge and the other proceedings of the case placed on file. It is very unfortunate to note that the petitioner has been getting interim relief and absenting himself. As a result thereof the stage of third pre- arrest bail application reached. The said bail application is fixed for hearing on 28-4-1997 and by adopting delaying tactics the present transfer application has been moved to further delay the disposal of the third pre-arrest bail application. The case was registered on 30-5-1996 and since then the petitioner is on bail. His previous pre-arrest bail applications were dismissed for non-prosecution and the third pre-arrest bail application has been sought to be transferred to some other Additional Sessions Judge through the present petition. The conduct of the petitioner in delaying the disposal of his pre-arrest bail application does not entitle him for transfer of the case from the Court of the learned Additional A Sessions Judge to any other Court. Learned Additional Sessions Judge has already shown undue indulging by prolonging the disposal of his bail application. The case, as stated earlier, was registered in May, 1996 and since then the investigation has been hampered unnecessarily. The Courts while dealing with pre-arrest applications are required to dispose them of as early as possible. Learned Additional Sessions Judge has not followed the said principle enunciated by the Superior Courts in regard to the disposal of such matters. Such long delay in disposal of the pre-arrest bail application is highly depreciated.

5. Learned Additional Sessions Judge, Multan is directed to dispose of the pre-arrest bail application of the petitioner on 28-4-1997, already fixed for hearing, positively. The instant petition is wholly misconceived and aimed at to further delay the disposal of the pending pre-arrest bail application. This petition has no force and is dismissed in limine. Copy of this order shall be sent to the Court concerned immediately for compliance. N.H.Q./M-318/L Petition dismissed.