1999 PLP 976 (MLD)

Muhammad Tariq Nadeem for Petitioners. Ch. Muhammad Arshad for the Complainant. Anwar-ul-Haq for the State. Ashraf and Naseem alias Waseem petitioners have moved this petition in F. I. R. No. 291 dated 17-11-1997 registered under section 337-A(ii)/34 at Police Station Dunyapur, District Lodhran seeking pre-arrest interim bail. They were allowed pre-arrest interim bail by this Court vide order dated 28-1-1998 and it has come up for final hearing today before this Court.

2. Briefly the facts narrated by Kaleem complainant are that on 16-11-1997 at 5.00 p.m. he was returning tea- his house when he reached near Lucky Furniture House, Naseem alias Waseem petitioner, Pervaiz, accused and Ashraf petitioner way laid him and on Lalkara raised by Naseem alias Waseem petitioner, Ashraf petitioner gave a hatchet blow on the middle of the head of the complainant. Ayub brother of the complainant who was employed at Lucky Furniture House come out and Naseem alias Waseem petitioner caught him in Japha while Pervaiz accused gave a hatchet blow on the head of Ayub. Naseem alias Waseem also gave him fist blow. On alarm raised by the complainant and Ayub P. W. Muhammad Saleem brother of the complainant and Dr. Saeed came to the spot and rescued the injured persons.

3. The occurrence was reported on 17-11-1997 at 1.40 p.m. after obtaining medico-legal certificates No. 275 of 1997 and No. 276 of 1997 of Kaleem and Ayub respectively, wherein it is stated that Kaleem had four injuries on his person. While four injuries were on the person of Ayub.

4. On perusal of the order passed by the learned Sessions Judge, Lodhran dated 24-1-1998 it transpires that the petitioners applied for pre-arrest bail but they failed to appear in Court which was dismissed for non-prosecution and that again on 28-1-1998 when bail petition was fixed for final hearing the petitioners deliberately absented and refrained from appearing in Court although they remained outside the Court and were seen by the complainant. The conduct and the attitude of the petitioners is highly disrespectful. The petitioners by playing hide and seek with the Court and law have deliberately committed mockery of law and the Court. They have, by such conduct, deliberately misused the concession of bail granted to them. This conduct cannot be encouraged. Such undesirable behaviour has to be curbed and dealt with iron hand to uphold the dignity of the Court and to prevent the abuse of the process of law. Coming to the merits of the case, the injuries are specifically attributed to Ashraf petitioner while Naseem alias Waseem petitioner Is attributed Japha and fist blows they have yet to join the investigation of this case and, prima facie, there are no reasonable grounds at this stage to confirm the pre-arrest bail granted to the petitioners. The order dated 28-1-1998 is withdrawn. The sureties stand discharged. This pre-arrest bail petition of the petitioners is dismissed. H.B.T./A-238/L Petition dismissed.