' MUHAMMAD AKRAM QURESHI, J.--- Raja Ibrar Hussain, petitioner has sought pre-arrest bail in case F.I.R No,14 of 2008 dated 24-1-2008 registered under sections 342/506/148/149, P.P.0 at Police Station Kotli Loharan District Sialkot.
2. Precise allegations against the petitioner are that he while armed with pistol along with his co- accused attempted to abduct the complainant also extended threats to kill.
3. After hearing the learned counsel for the parties and going through the record, this Court has observed that the petitioner is named in the F.I.R. A specific allegation of attempting to abduct the complainant are levelled against him. The petitioner had been playing hide and seek with the Courts. He secured pre-arrest bail thrice from the lower Court. Even on 7-4-2008, when his pre- arrest bail application was adjudicated upon he was not present and the pre-arrest bail was decided in his absence. The learned Additional Sessions Judge issued notices under section 514, Cr.P.C. Against his sureties. An accused person who misuses the concession of bail disentitles him from the said concession which can be allowed to him in the normal course. During the investigation he was found guilty by the Investigating Officer. According to the Investigating Officer the weapon of offence is yet to be recovered from his custody. The co-accused affected a compromise with the complainant as a result whereof they were allowed pre-arrest bail in this case. Case of the petitioner is distinguishable with them and the complainant has not affected compromise with him. Punishment under sections 364/511, P.P.0 falls within the domain of prohibitory clause of section 497, Cr.P.C., therefore, the petitioner is not entitled to the grant of pre- arrest bail in this case.
4. In the above circumstance, no case is made out for the confirmation of the ad-interim pre arrest bail, resultantly, this petition is dismissed and the order dated 9-5-2008 granting ad-interim pre- arrest bail to the petitioner, is hereby recalled.
Pre-arrest