' Claiming to be in possession of fields Nos.1, 10 and 11 of rectangle No,49/1 of Khata No,12 in Chak No,368/WB and making the allegation that Raza Muhammad petitioner armed with carbine alongwith his co-accused, who were also armed with weapons, arrived in his land and forcibly removed the wheat crop standing therein when he and the petitioners were threatened; Abdul Majeed complainant got recorded F.I.R. No,137, dated 1-6-1994 under sections 440, 379, 148/149, P.P.C. At Police Station Sadar Duniapur, District Lodhran. Raza Muhammad petitioner was arrested on 25-9-1994 after the rejection of his application for pre-arrest bail. His physical remand was obtained till 30-9-1994. However, he was produced before the Resident Magistrate, Duniapur on 27- 9-1994 on which date he was admitted to interim bail as he complained pain in his chest. He remained admitted in Rural Health bail as he complained pain in his chest. He remained admitted in Rural Health Centre, Duniapur as well as in Nishtar Hospital, Multan. The interim bail allowed to him was confirmed on 16-10-1994.
2. Feeling aggrieved the complainant moved the Court of Session for the cancellation of bail and the relevant application was accepted on 17-11-1994 by the Additional Sessions Judge by expressing that the medical certificate seems to have been procured only to make out a ground for bail while there was nothing on the record to show the circumstances of the ailment. The petitioner slipped away during the arguments from the Court-room of Additional Sessions Judge.
However, his bail was cancelled.
3. Apprehending his arrest Raza Muhammad petitioner has filed this application for his admission to pre-arrest bail who has been allowed the interim relief.
4. I have heard the learned counsel for the parties as well as learned State counsel and gone through the record before me. The learned counsel for the petitioner referred to the Discharge Slip dated 2-10-1994 issued by the Medical Officer, Civil Hospital, Duniapur and the Discharge Slip, dated 6-10-1994 issued by the Professor of Medicine, Medical Unit No,IV, Nishtar Hospital, Multan and argued that the petitioner Raza Muhammad was a heart patient who was correctly admitted to bail by the Resident Magistrate. I do not agree with him. As rightly pointed out by the learned counsel for the complainant the Additional Sessions Judge has correctly expressed the view that the medical certificates seem to have been procured only to make out a ground for bail. In the Discharge Slip issued by the Medical Officer, Civil Hospital, Duniapur on 2-10-1994 it is mentioned that Raza Muhammad petitioner was admitted on 27-9-1994 in the Hospital who was referred to Nishtar Hospital, Multan. In the Discharge Slip, dated '6-10-1994 it is mentioned that Raza Muhammad was admitted in Nishtar Hospital on 4-10-1994. A perusal of this document has made out that the treatment advised to Raza Muhammad was to have (1) Syrup Mucaine, (2) Lexilium Tablets and (3) Syrup Hydrallin. The Medical Expert has mentioned that there was no history of vomiting and that the chest in the X-ray was found as clear. The petitioner was declared as the patient of gastritis. Syrup Mucaine is used by a patient of gastritis. Lexilium Tablets are used for relief of tension. Syrup Hydrallin is used by a patient of cough who has to avoid allergy as well. None of these medicines are used by a heart patient. It means that the petitioner was not having the disease of heart as expounded by his learned Advocate. The Resident Magistrate, Duniapur has simply acted in haste and in routine and he has ignored the fact that the relief of pre-arrest bail was denied to the petitioner by the Court of Session. The device was coined to obtain the temporary relief of bail. Such a working should be avoided. There was no justification to admit Raza Muhammad petitioner to bail on 16-10-1994 and The petitioner is not entitled to pre-arrest bail on merits as the application for anticipatory bail moved by his co-accused Ata Muhammad was dismissed by this Court on 11-10-1994 and the rule of consistency stands attracted.
5. I, therefore, see no merit in this petition, dismiss the same and recall the order of interim pre- arrest bail. The petitioner has been put under the custody of Qasim Khan, A.S.I., Police Station Sadar Duniapur for taking him today to the concerned judicial lock-up for his production before the Area Magistrate on 26-1-1995 for proceeding further in accordance with law. The Ilaqa Magistrate may consider the bail plea of this petitioner afresh on merits without feeling prejudiced by this order.