MUHAMMAD ALAM, J.---This is a bail petition for grant of bail facility to the petitioner in connection with occurrence reported through FIR No, 08/2015 of Police Station Goner Farm.
2. Petitioner, who is involved for the offence of sections 406, 409, 420 and 427, P.P.C., booked through FIR No, 08/2015 dated 21-04-2015 of Police Station Goner Farm, seeks his release on bail through this petition.
3. Petitioner, who is a Government Contractor, was awarded the contract of the project of construction of a building of Ad hoc Primary School Goner Farm. On report of the FIR lodger, police concerned chalked FIR on 14-12-2015, although the occurrence took place on 11-06-2009 and arrested petitioner. But the learned trial Court directed for release of the petitioner, subject to some conditions, including deposit of Rs, 500,000/- (Rupees five hundred thousand) cash in the account of trial Court as security. Later on, the trial Court cancelled the bail facility holding that:- "S.No. Dated Order
1. 14-12-2015 DPP Mr. Abdul Sadiq for the state present.
Accused on bail present. Accused has violated the conditional bail order dated 2109-2015 passed in bail application No,43/2015 therefore conditional bail order dated 21-09-2015 is hereby withdrawn. Accused is taken into custody. He be sent to judicial.
Notice to the complainant for 15- 12-2015,"
4. Learned counsel for petitioner stated at bar that they have filed this petition feeling aggrieved from order dated 14-12-2015 of the learned trial Court. It is also not disputed that, prior to the said order, learned trial Court passed another order dated 21-09-2015 on bail petition No, 43/2015, whereby granted bail facility to the petitioner on the conditions embodied in the said order.
Learned counsel for petitioner did not file copy of said order of grant of conditional bail, found referred in order dated 14-12-2015. The learned counsel for petitioner further stated at bar that they did not file any petition for grant of bail before the learned trial Court, on the grounds agitated through this petition. So, it is admitted and evident that petitioner did not exhaust the grounds of bail agitated through this petition before the learned trial Court. This trend is not only new and novel but is bad in the eye of law, therefore, cannot be encouraged.
5. I therefore, reject this petition and hold that petitioner is free to file a fresh bail petition on the grounds agitated through this petition, before the learned trial Court or resort to any other remedy against the order dated 14-12-2015 of the trial Court, if, in the opinion of the petitioner, the said order (Order dated 14-12-2015) is violative of conditional bail grant order dated 21-9-2015, passed in bail petition No,43 of 2015. This file be consigned to record.