1989 PLP 3965 (MLD)

This bail petition has been presented today (Friday) at my house at 3.00 P.M. by Muhammad Shafi (father of the accused/petitioner) and his Counsel Sh. Abdul Rashid for granting interim post‑arrest bail to the accused petitioner on the ground of extreme hardship, in a case registered against him under Sections 419, 420, 465, 468 and 506 P.P.C at P.S. Gulgasht Colony Multan, vide F.I.R. No. 274/89 dated 6‑7‑1989. It is stated that the petitioner is a Lecturer in Govt. College Bosan Road Multan. He is married to Mst. Razia Kamal (daughter of Dr. Muhammad Kamal a Lady Lecturer in Government Girls College Multan. The spouses developed differences and therefore are presently living in separation. The petitioner has filed a suit for restitution of conjugal rights. Meanwhile their elders have started deliberations for a compromise. The complainant party which is said to be influential and has pull with civil administration as well as local Police officers has got the instant case registered on absolutely incorrect facts, in order to pressurise the petitioner to accept the terms dictated by them. As a result thereof, the petitioner was arrested last night at late hours. It is stated that the petitioner would be tossed up from one end to another with active connivance of the local administration and his bail application would not be decided deliberately to prolong his detention in jail. At present also he is being treated with disgrace and is being tortured both phsically and mentally in police lock‑up and it is feared, that the petitioner who is a well‑educated person (sic) if this state of affairs continues. The allegations levelled against the petitioner are not only of trivial nature but false, it is argued. I have considered the submissions. This appears to be a matrimonial dispute between two respectable families. The petitioner has apprehension that he would not receive fair and impartial treatment m the Courts at district level because of the influence of the complainant party. The apprehension of the petitioner does not appear to be altogether without basis, as I see that the petitioner had been arrested at late hours on Thursday by the police so that he could not approach any Court for his release on bail the following day being .Friday/holiday. The allegation of intimidation is very easy to level but difficult to rebut. Nobody had been attacked or injured in the incident. These allegations are yet to be established in the investigation. The petitioner has already been sufficiently humiliated. In the circumstances I am of this view that the petitioner deserves indulgence by this Court. The petitioner Lecturer, is admitted to interim bail till 9‑7‑1989, subject to his furnishing personal bond in the sum of Rs. 5,000 to the satisfaction' of the Additional Registrar of this Court. The petitioner shall appear before the learned Senior Vacation Judge on 9‑7‑1989. Additional Registrar shall register this application and also issue notice to State for 9‑7‑1989. SA./S‑544/L Bail allowed.