The application has a peculiar background and needs to be stated in detail.
2. Petitioner moved Criminal Miscellaneous No.51/B of 1991 for bail before arrest in this Court. Vide order, dated 11-2-1991 the same was dismissed. Exception was taken to the conduct of the police who were directed to submit the challan in Court to have the verdict in due course. Nawazish Ali, A.S.I. Police Station Rail Bazar, Faisalabad had attended the Court when the order was announced.
Muhammad Naeem, S.I., who was also then posted in the police station is present today in Court alongwith the record. He states that no case diary was recorded by Nawazish Ali, A.S.I. On the basis of the investigation already done (and by suppressing the order of this Court) Muhammad Naeem, on the direction of the S.H.O. Mirza Safdar Hussain, moved a petition for the discharge of the accused in Court on 14-2-1991 and order of discharge was recorded by the Magistrate on 16-2-1991.
3. Now Muhammad Naeem further informs that the order of this Court directing the submission of the challan in Court was received in the police station concerned on 25-2-1991. Thereafter, it is his claim, that he and the S.H.O. After consultation, under the order of this Court submitted the challan in Court and obtained a warrant of arrest of the petitioner. He also states that Muhammad Arif, A.S.I., was deputed to effect the arrest of the petitioner and that in the meantime he himself was transferred. At this stage learned counsel for the complainant has informed that when the challan was submitted in Court the petitioner moved an application again for bail before arrest on 21-4- -1991 which was put up before Khawaja Aurangzeb, Additional Sessions Judge, Faisalabad and from the said Court he remained on bail till 22-8-1991. The order of the Additional Sessions Judge is on the record. He had reported the matter as to how order of this Court was being flouted by the police to the D.I.-G., Faisalabad for necessary action. The S.I. With record has no knowledge what action was taken by the D.I.-G.
4. In such circumstances order of granting interim bail before arrest to the petitioner by this Court on 9-9-1991 and also for the reason that he is absent, is hereby recalled. The petition in view of the order, dated 11-2-1991 stands dismissed.
5. However, it seems that Mirza Safdar Hussain, S.H.O. Muhammad Naeem, S.I. And Nawazish Ali, A.S.I. Have committed the contempt of Court. Notice of contempt should issue to them for 18-12- 1991. A separate notice on administrative side should also issue to Khawaja Aurangzeb, Additional Sessions Judge, Faisalabad as to why he did not care to look into the bail before arrest petition moved by the petitioner before him wherein there was clear mention that his previous bail before arrest petition had been dismissed by another Additional Sessions Judge over there and the High Court had also directed the submission of the challan in Court. Had he cared to go through the contents of the application, he would have certainly learnt that there was order of the High Court and without looking into the same he could not have proceeded further.
6. D.I.-G of Police Faisalabad is also directed to report what action he has taken on the order of the Additional Sessions Judge, dated 22-8-1991. Bail refused.
N.H.Q./N-49/L