The petitioner seeks adjournment on ground that his counsel is not available.
2. The brief facts of this case are that petitioner stands nominated in F.I.R No, 202/08, dated 24.6.2008, under Section 489-F PPC, registered at P.S. Sarwar Road, Lahore.
3. The petitioner is directly nominated in the F.I.R with the allegation that he had received Rs,400,000/- from the complainant with promise to return the same within one and a half month.
He failed to fulfill his liability instead of that he handed' over a cheque No, CD-502773804 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 he learned Addl. Sessions Judge, two application 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 Addl. 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, Crl. Misc. No, 11902-B/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.