' TARIQ SHAMIM, J.---Through this petition the petitioner seeks bail before arrest in case F.I.R. No.741 of 2006, dated 10-8-2006 registered under section 406, P.P.C. At Police Station Peoples Colony, Faisalabad.
2. Brief facts of the case are that the petitioner along with hisbrother Shahzad rented a car from the complainant for a month in presence of witnesses and thereafter, refused to return the same.
Consequently, the aforementioned F.I.R. Was registered against him.
3. Learned counsel for the petitioner contended that the case against the petitioner was false and frivolous and had been got registered on account of mala fide of the complainant with the connivance of the local police; that there was a delay in lodging of the F.I.R. Which had not been explained; that the petitioner was previous non-convict and thatnothing had to be recovered from him, as such, he was entitled to the grant of pre-arrest of bail.
4. I have heard the learned counsel for the petitioner perused the F.I.R. As well as the order of the learned Additional Sessions Judge, Faisalabad, whereby the bail application of the petitioner was refused. The order reveals that on two previous occasions the bail application of the petitioner was dismissed for non-prosecution as he had deliberately failed to appear before the Court when the same was fixed for confirmation, thus the petitioner has misused the concession of adinterim pre- arrest bail granted to him by the learned lower Court. Even on A merits, the petitioner is nominated in the F.I.R. And specific role of obtaining the car on rent from the complainant and usurping the same has been attributed to him. The car in question was rented by the petitioner in presence of the witnesses Abdul Majeed and Tahir Shah. Further, the petitioner has not been able to point out any mala fide of the complainant or the police for his alleged false implication in the case.