M OHAM M AD IBRAHIM KHAN. ACJ.
Today's order in early hours speak of that the petitioners Asad Qaiser, Aqib Ullah Khan, Rabi ul Haq, Atta Ullah Khan and Rangez Ahmad involved in case FIR No. 235/2023 dated 10.05.2023 under sections 341/342/379/427/436/148/149/395/ 109 PPC read with section 7 ATA registered at Police Station Lahor, District Swabi were granted ad interim pre arrest bail. Thereafter, another order of even date was passed by the said Hon'ble Bench presided over by Hon'ble Mr.Justice Ijaz Anwar when informed that one of the accused-petitioner Rangez Ahmad son of Wali Bahadar has been arrested by other Prosecution agencies, which later came to be known as the Anti-Corruption Department, Khyber Pakhtunkhwa. In order to procure the attendance and further proceed with the matter, the CCP, Peshawar was put on notice, who was represented by SSP Coordination giving up the information about the worthy CCP, Peshawar being busy in some function. In the said order, it has been directed that the situation before the said Hon'ble Court developed related sanctity of the court (Peshawar High Court) thereby, all the concerned were directed to appear before this court at 1:30 PM today.
2. On receipt of this bail petition No. 2819-P/2023, the worthy Advocate General, SSP Coordination appeared, whom were directed to produce the accused-petitioner Rangez Ahmad son of Wali Bahadar before this court, who was earlier present in the matter of bail before arrest before the said Hon'ble Court. Time frame was given for producing the accused-petitioner at various intervals when it is by now 05:10 PM, the said accused has been produced, who is under arrest in case FIR No. 02/2023 dated 03.08.2023. When inquired from the Investigation Officer Muhammad Naeem present before the court, he could not satisfy as to what reasons prompted him to arrest an accused in another case registered against him when he has already been granted ad interim pre arrest bail in this case. As the act of the said Sub Inspector is in utter violation of the ad interim today's order, could be proceeded for contempt, he on realizing his aberration and the blunder committed to arrest the accused-petitioner Rangez Ahmed and with commitment that unless and until the pre arrest bail in this petition is recalled by the competent court, he will not arrest him either in this case or in any other case while setting him free, the court sympathetically let off hook to bypass sections 3 and 4 of the Contempt of Court Ordinance, 2004. It shall be loud and clear to the police department as well as the prosecution agencies of other departments that once an accused is on liberty by an order of the court for the grant of ad interim bail, his arrest shall not be effected in any other criminal case unless permission is sought from the court granting ad interim order.
3. As the needful has been done, this court in doing its utmost justice in view of today's ad interim pre arrest bail order, deems it appropriate to send this petition to the learned Anti-Terrorism Court at Mardan where the accused-petitioner already directed shall appear there on 15.08.2023 instead of appearing before this court. It is to ensure that the accused-petitioners named in this petition shall not be arrested in either this case registered against them or in any other case except with permission from the competent court which either passed the ad interim order or the court to which the matter has been sent up for its disposal.
4. With such observation, this petition stands disposed of accordingly before this court to be further taken up by the court of learned Anti-Terrorism Court at Mardan on the date already fixed. Copy of this order and the record be remitted there.