Petitioner Noor Samand has moved this petition for the grant of pre-arrest bail in case FIR No, 98/2010 dated 27.3.2010 under Section 376 PPC registered at Police Station Tulamba District Khanewal under the allegation that he allegedly committed rape with the complainant Mst.
Mumtaz Bibi. Today petitioner is not in attendance. Learned counsel for the petitioner is unable to account for his absence and wants to withdraw this petition. This petition in these circumstances is not allowed to be withdrawn.
2. Petitioner earlier got himself bailed out from the Court of learned Additional Sessions Judge, Mian Channu and his bail application was dismissed on 24.2.2010. Thereafter, he moved after about one month before this Court on 25.2.2010, which was allowed and today he is absent. Learned counsel for the State as well as complainant are present along with record. After conducting the medical examination of the alleged victim the swabs were sent to Chemical Examiner which are found in positive.
3. Pre-arrest bail is an extra-ordinary concession to be extended to a person who comes to the Court with clean hands and he is able to make out that the case was registered against him with main fide intention by the complainant in connivance with the police. This question has already been discussed in a judgment reported as PLD 1983 Supreme Court 82 (Murad Khan Vs. Fazal-e- Subhan and another) and while dealing with that case their Lordships of the Hon'ble Supreme Court of Pakistan referred PLD 1981 SC 93 wherein it was observed by their Lordships as under: "We are also in agreement with the learned. Courts below that the conduct of the petitioner by making repeated applications for anticipatory bail, trying to gain advantage thereunder and then absenting for periods of time, amounted to abuse of the process of law and Court. It disentitled the petitioner to the discretionary relief.
In these circumstances, it appears perhaps petitioner is playing hide & seek with the Court, therefore, he is not entitled for the anticipatory bail.
In view of the above, this application is dismissed for non-appearance as well as on merits.