1988 MLD 185 (PLP)

S.498--Penal Code (XLV of 1860), S.408--Bail, grant of--Ad interim bail allowed to accused on humanitarian ground--Accused absenting himself before Additional Sessions Judge at time of announcement of final order--Offence not falling within prohibitory clause of S.497, Cr.P.C.--Concession of bail allowed to accused on humanitarian ground, held, was misused by accused by absenting himself at time of announcement of order and accused could not claim bail as a matter of right even in cases not falling within prohibitory clause Extraordinary relief of pre-arrest bail refused in circumstances. Ghaus Muhammad Ch. for Petitioner. Miss Shams-ul-Qamar for the State. This is an application for grant of pre-arrest bail to Muhammad Saleem petitioner in case under section 408, P.P.C. registered at P.S. Old Anarkali, Lahore vide F.I.R. No. 201 of 1987 dated 27-6-1987. 2. Allegations against the petitioner are that while employed as Clerk with S.M. Riaz and Sons Private Ltd. Lahore, he criminally misappropriated Rs.1,74,260.40. The petitioner was arrested on 14-9-1987. He filed application for bail which was entrusted to the learned Additional Sessions Judge, Lahore who released him on ad interim bail on 29-10-1987 on the ground that the marriage of his sister was to take place on the next day. The application remained pending before the learned Additional Sessions Judge. The application was finally fixed "for hearing on 3-2-1988. The petitioner appeared before the Court on that date. The arguments were heard and the case was adjourned uptil 2 p.m. that day for orders. The petitioner failed to appear at the time of the announcement of the order, therefore, the application was dismissed on account of non-appearance. 3. Learned counsel for the petitioner submits that the case is malicious, false and fabricated and was registered at the instance of police inasmuch as the wife of the petitioner had filed habeas corpus against S.H.O. P.S. Gulberg; that the petitioner had filed writ petition against police officials posted at P.S. Gulberg wherein he levelled allegations of harassment against the police; that there is delay of two months in lodging the F.I.R.; that since there was no entrustment of the amount, therefore, no case of criminal misappropriation is made out against the petitioner; that the S.H.O. P.S. Old Anarkali had no jurisdiction to register a case with regard to the amount which was allegedly received by him within the jurisdiction of police stations other than Old Anarkali. Lahore: that the petitioner had remained for 1-1/2 months in jail after his arrest. that Rs.27.000 were not recovered from the physical possession of the petitioner and that the case has already been fixed for trial and is now fixed for hearing on 8-3-1988 and that the offence does not fall within the prohibitory clause; learned counsel for the State submits that the petitioner had intentionally absented at the time oft' announcement of the order. 4. I have considered the submissions made by the learned counsel for the parties with care. I do not feel inclined to allow pre-arrest bail to the petitioner on the short ground that he after having been released on bail by the learner Additional Session .fudge on humanitarian ground misused the concession of bait by absenting himself at the time of the announcement of the order No doubt, the offence allegedly committed by the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. but it is by now well settled that even in cases which do not fall within the prohibitory clause, an accused cannot claim bail as a matter of right. Since the petitioner has misused the concession of bail, therefore, he is not entitled to the extraordinary relief of pre-arrest bail. The petition is, therefore, dismissed. SA./M-610/L Bail refused.