Syed KHURRAM GILLANI vs THE STATE
This matter arises from a petition for pre-arrest bail filed by Syed Khurram Gillani seeking pre-arrest bail in F.I.R. No. 202 of 2008 registered under section 489-F of the Pakistan Penal Code 1860 at Police Station Sarwar Road, Lahore, relating to the issuance of a dishonoured cheque after receiving money from the complainant. The core legal question concerns the entitlement of the accused to pre-arrest bail in light of direct nomination, finding of guilt during investigation, suppression of material facts regarding earlier dismissal of bail applications, and contumacious conduct including fleeing from the courtroom during proceedings. The Lahore High Court held that pre-arrest bail is an extraordinary concession that cannot be granted in the absence of mala fide or ulterior motives on the part of the complainant or police, particularly where the conduct of the petitioner is loathsome and contumacious. The key principle laid down is that pre-arrest bail will be denied where the petitioner suppresses prior dismissal of bail applications and displays disrespectful conduct towards the court.
- Whether pre-arrest bail can be granted to an accused who has suppressed the dismissal of earlier bail applications?
- Is an accused entitled to pre-arrest bail under section 489-F of the Pakistan Penal Code 1860 when found guilty during investigation?
- Does contumacious conduct and fleeing from the court disentitle a petitioner from seeking extraordinary concession of pre-arrest bail?
- Section 489-F, Pakistan Penal Code 1860
ORDER
' SYED SHABBAR RAZA RIZVI, J.--- The petitioner seeks adjournment on ground that his counsel is not available.
2. The brief facts of the case are that petitioner stands nominated in F.I.R. No,202 of 2008, dated 24- 6-2008, under section 489-F, P.P.C., registered at Police Station Sarwar Road, Lahore.
3. The petitioner is directly nominated in the F.I.R. With the allegation that he had received Rs,4,00,000 from the complainant with promise to return the same within one and a half month. He failed to fulfil his liability instead of that he handed over a Cheque No,CD502773804 to be drawn on Allied Bank Limited, DHA, Lahore. However, the cheque was dishonoured by the Bank.
4. The petitioner applied three bail applications for pre-arrest bail before the learned Additional Sessions Judge, two applications were dismissed for non-prosecution on 11-10-2008 and on 11-11- 2008. During the pendency of the above bail applications on 10-9-2008, the petitioner got recorded his statement that on 29-9-2008 he would repay the amount due towards him which he failed to do. Moreover, when petitioner filed third application before the learned Additional Sessions Judge he suppressed the fact of dismissal of earlier two bail applications. During the course of investigation he was found guilty. Petitioner's earlier bail application, Criminal Miscellaneous.No,11902/B of 2008 was also dismissed by this Court for non-prosecution. Today, while this order was still being recorded, he slipped out of the Court in total disregard to the Court.
5. Therefore, in the above circumstances, this bail application cannot be granted. Extraordinary concession from the Court can only be allowed in extraordinary circumstances, for example, where mala fide or ulterior motive seems apparent on part of the complainant or police which is not the case in the instant bail application. On the contrary, conduct of the petitioner is loathsome as lucidly stated above. The learned counsel who filed this bail application should also have taken into account his obligations towards this Court before filing this bail application. Reading of legal etiquettes is recommended, which is available in book, "The Legal Practitioners Act."
6. With the foregoing observations, this bail application is dismissed.