' IQBAL HAMEEDUR RAHMAN, J.--- The petitioner seeks bail before arrest in case F.I.R. No,316, dated 3- 10-2006 registered under section .302/34, P.P.C. At Police Station Taunsa Sharif, District Dera Ghazi Khan.
2. The petitioner had directly approached this Court through Criminal Miscellaneous No,123/B of 2007 for the first time on 16-1-2007 without approaching the Court of first instance on the ground that the premises of the Court of learned Sessions Judge, D.G. Khan had been cordoned off by the police. Vide order, dated 16-1-2007 this Court granted protective bail to the petitioner for seven days in order to enable him to approach the learned Court of first instance and the said order was to be ceased to effect on 23-1-2007. The petitioner filed application before the learned Sessions Judge, D.G. Khan on 23-1-2007 seeking pre-arrest bail and the same was entrusted to Mr. Shakeel Ahmad, learned Additional Sessions Judge, D.G. Khan who vide order, dated 23-1-2007 admitted the petitioner to ad interim pre-arrest bail and fixed the case for 26-1-2007. On 26-1-2007 the petitioner did not appear before the learned Additional Sessions Judge. Resultantly his petition for bail before arrest was dismissed due to non-prosecution. Thereafter the petitioner approached this Court through Criminal Miscellaneous No,289/B of 2007 seeking pre-arrest bail with the contention that the petitioner could not appear before the learned Additional Sessions Judge, D.G. Khan due to the reason that the whole premises of the Sessions Court were surrounded by the police and the petitioner was prevented from appearing in the said Court. Vide order, dated 1-2-2007 this Court afforded the petitioner protective bail till 7-2-2007 in order to enable him to approach the learned Court of first instance. The petitioner approached the learned Court of first instance on 7-2-2007.
The learned Additional Sessions Judge, D.G. Khan did not incline to grant pre-arrest bail to the petitioner who at the time of announcement of the order slipped away from the Court. He has once again approached this Court for the same relief through the instant petition.
3. Concession of bail before arrest is a discretionary relief which can be granted in extraordinary circumstances. While extending such relief to a person his conduct is also to be taken into consideration. In the present case the conduct of the petitioner is apparent. He twice obtained protective pre-arrest bail from this Court, approached the learned Court of first instance, obtained ad interim pre-arrest bail and then absented himself. Although the petitioner states that he is being forcibly prevented to appear before the Court but it is strange that while making applications for pre-arrest bail the petitioner is not confronted with the said difficulty. Moreover on 7-2-2007 when the learned Additional Sessions Judge was not inclined to grant bail to the petitioner, he slipped away with ease from the said Court without any hindrance. He has approached this Court twice. This factor belies the contention of the petitioner that he is being prevented to appear before the Court when the case is fixed for hearing. Further more the contention does not appeal to reason as at the time of hearing of the case before the learned Additional Sessions Judge, the petitioner was already on ad interim pre-arrest bail and he had no apprehension of being arrested. It appears that the petitioner intentionally did not opt to appear in the learned Court on the date when his bail application was fixed. This conduct of the petitioner shows that he is playing hide and seek with the Court. In this view of the matter, I am not inclined to exercise the extraordinary jurisdiction for the grant of pre-arrest bail. This petition is therefore, dismissed.