1994 P Cr (PLP)

This is an application on behalf of the applicant/accused Nazeer Hussain Shaikh for pre-arrest bail in F.I.R. No. 390/93 under section 408/420/34; P.P.C. read with section 17(3), Offences Against Property (E.H.O.), 1979. Earlier to this, applicant filed an application for protective bail before arrest (Criminal Bail Application No.40 of 1994) and my Lord Chief Justice was pleased to grant protective bail on 19-1-1994 for seven days and applicant was in the meanwhile to surrender before the learned Sessions Judge for bail before arrest. On 20-1-1994 as such the applicant appeared before the learned Sessions Judge and filed an application for pre-arrest bail and notice; was issued to D.P.P. for 25-1-1994. Because the D.P.P. was not present on this date, the matter was adjourned to 26-1-1994 but on this date the applicant was called absent. The matter was then adjourned to 3-2-1994 when again the applicant was absent but an application was moved on the ground of his illness. The matter was then posted for 7-2-1994, but because again on this date the applicant remained absent the learned Sessions Judge dismissed the application. Applicant then filed this 'application and on 20-3-1994 he was granted interim pre-arrest bail in the sum of Rs. 50,000 with notice to A: G. I have heard the learned counsel for the applicant and the AA.-G. It is contended by Mr. Sardar Muhammad Ishaq, learned Advocate for the applicant, that co-accused Malik Salman Khalid, Minhas Khattak, Muhammad Afzal, Iqbal Ahmad Piracha and Jamil Ahmad Piracha are granted pre-arrest bail by this Court and because allegations against applicant are similar, he would also be entitled to bail. It is then argued that applicant who is a Sub- Inspector in Anti-Corruption Establishment had filed F.I.R. Nos.152/92 and 153/92 against the S.H.O. Muhammad Iqbal of this case and has malaciously been joined as an accused whereas no part was played by him in the entire transaction. Learned AA.-G. has opposed this application and has argued that the trailer on which the tea was loaded was -taken with the active connivance of applicant who had followed the trailer in his own car and had taken the trailer to the godown of the co-accused and unloaded the tea and this act of the applicant who is a Police Officer in itself disentitles the applicant to pre-arrest bail. I have gone through the entire record and in particular the order of learned Sessions Judge. The applicant on three dates remained absent while his application for pre-arrest bail was under consideration by the Sessions Judge, Karachi (West). The explanation for his absence as is indicated from the record was, due to his illness which fact the applicant tried to establish through a certificate dated 5-2-1994 issued by Dr. Captain Qadir Bux of Sujawal. The applicant was asked in Court to state as to which is the place of his normal residence when he disclosed that he resided at Thatta. He did not care to obtain any medical certificate from a doctor at Thatta but the certificate seems to have been manipulated through a doctor of Sujawal, a place quite far off from Thatta. Even the disease of which the applicant is shown to have been suffering was not so serious as to disable him from appearance before the Court on three consecutive dates. The applicant remained absent on 26-1-1994, 3-2-1-994 and 7-2-1994, whereas the certificate dated 5-2-1994 suggest that the applicant was examined by Dr. Captain Qadir Bux on 5-2-1994 and was advised rest from 6-2-1994 for two weeks. If the condition of applicant was that serious and he was unable to move about he could not appear before the Court on 16-3-1994 and moved this application. Case of the applicant is distinguishable from the case of co-accused whom pre- arrest bail was granted by me. The learned Sessions Judge rightly dismissed the application. I find no merit in this application for pre-arrest bail and dismiss the same. The order of interim pre-arrest bail, dated 20-3-1994 is hereby recalled. Copy of this order shall be sent immediately to the learned trial Court for further action in accordance with law. N.H.Q./N-527/K Pre-arrest bail refused.