2012 PLP 732 (MLD)

SYED MUHAMMAD KAZIM RAZA SHAMSI, J.

This is an application for placing certain documents on the record of this criminal miscellaneous petition. For the reasons narrated therein the same is allowed subject to all just and legal exceptions. Main Petition The petitioner Shakeel Ahmad through the instant criminal miscellaneous petition seeks anticipatory bail in case arising out of F.I.R. No.1423 of 2011, dated 15-10-2011 registered under section 406, P.P.C. with Police Station Madina Town, Faisalabad, which contained the allegation of misappropriation of Rs.17,80,000, which amount was obtained by the petitioner after selling the house of the complainant of the case and refused to return the same.

2. It is contended by the learned counsel for the petitioner that the F.I.R. was lodged with an unexplained delay of six years; that there is no evidence on the record about the selling of the house by the petitioner; that the disputed house existed in the name of the son of the complainant, who executed a general power of attorney and agreement to sell in favour of the petitioner after receiving consideration; that subsequently the son of the complainant sold the disputed house to one Aurangzeb, who lodged an F.I.R. against the complainant of this case as well as her son; that in order to resolve the controversy between the parties the petitioner agreed to pay Rs.7 lacs to the complainant, which was payable till 20-10-2011 but the complainant with mala fide intention lodged the instant F.I.R. prior to that date; that the petitioner never filed any pre-arrest bail petition before Mr.Abdul Majeed, learned Addl. Sessions Judge, Faisalabad, which the complainant's party itself filed to cause loss to the petitioner and that the offence under section 406, P.P.C. is not made out from the facts of the case.

3. The petition has been opposed by the learned D.P.-G., assisted by the learned counsel for the complainant, who has commented upon the conduct of the petitioner in the prosecution of the case. He submitted that due to contumacious conduct of the petitioner he is not entitled for the concession of extraordinary relief of anticipatory bail.

4. Parties heard and record perused.

5. After examining the record of the case, I feel that instead of deciding this petition on merits the conduct of the petitioner is relevant to be discussed and the petition can be decided on this score. In this connection there is an order dated 4-1-2012 on the file passed by Mr. Abdul Majeed, learned Addl. Sessions Judge, Faisalabad, wherein he has highlighted the contumacius conduct of die petitioner in the prosecution of the bail matter. According to the facts on the record the pre-arrest bail filed by the petitioner in the instant F.I.R. was dismissed by Mr. Muhammad Akram Sheikh, Addl. Sessions Judge, Faisalabad vide order dated 14-11-2011 but the petitioner was not arrested by the Police. The complainant of the case through application dated 23-11-2011 procured an order of issuance of non-bailable warrants of arrest against the petitioner in return of which the petitioner lodged an F.I.R. against the complainant of this case on 16-12-2011. On 22-12-2011 the petitioner provided a certificate to the Investigating Officer of the case showing that the petitioner was granted ad interim pre-arrest bail in case F.I.R. No.1423 of 2011 till 4-1-2012. Due to this certificate the I.O. did not arrest the petitioner. When the matter came to the notice of the complainant she filed an application for cancellation of the bail petition in the Court of Mr. Abdul Majeed, Addl. Sessions Judge where it transpired that the bail petition in case F.I.R. No.123 of 2011 registered under section 406, P.P.C. with Police Station Madina Town, Faisalabad was filed. The Court further noted that the affidavit appended with the bail petition contained F.I.R. No.1423 but the front page of the bail application contained F.I.R. No.123. This shows that the petitioner deceitfully obtained an interim order of bail from the Court on 22-12-2011 by mentioning wrong number of the F.I.R. Although the petitioner has denied that he had filed any bail application before the learned Addl. Sessions Judge but he could not place on record any such evidence proving that the petition was not filed by the petitioner. In the meanwhile the petitioner had also approached this Court by filing Writ Petition No.23906-Q of 2011, which was disposed of by this Court vide order dated 29-10-2011 with the direction to the S.P (Investigation) for conducting honest transparent investigation in the matter. The afore-noted facts clearly show that the petitioner had misused the process of court for his own advantage and posed himself to be on bail in a different F.I.R. than the one under consideration. The relief of anticipatory bail is an extraordinary relief, which can be granted to a person, who comes to the court with unclean hands. The facts narrated above are sufficient to prove that the petitioner has not approached either the Court of learned Addl. Sessions Judge or High Court with clean hands. There is no bar for refusing bail to such like person, whose conduct is contumacious and who is willing to play with the Courts. In these circumstances this Court is not inclined to lend any benefit to the petitioner for his own wrongs.

6. For the foregoing reasons, the petition is dismissed. M.W.A./S-13/L Bail rejected.