' Syed Nisar Ali Shah, Advocate, counsel for the complainant has also entered appearance being available in the Court room in connection with a habeas corpus petition.
2. The petitioner moved Criminal Miscellaneous No,727/H of 1997 for the recovery of the alleged detenu Muhammad Amin which came up before this Court today. It has been claimed in the instant application inter alia that it was argued in the said matter that Abbas Ali petitioner was also nominated as one of the accused in case F.I.R. No,435 registered at Police Station Tandlianwala on 31-5-1997 under sections 406, 420, P.P.C. It is submitted that the Police Officer who had entered appearance in the said criminal miscellaneous now intends to arrest Abbas Ali. He has, therefore, moved this application for the grant of a protective bail in order to enable him to move the Sessions Court at Faisalabad.
3. The learned counsel for the complainant on the other hand has contended that the petitioner had joined his brothers Liaqat and Niaz in moving a pre-arrest bail application before the Sessions Judge, Faisalabad which application was taken up by the learned Additional Sessions Judge on duty on 2-6-1997 and all the three of them were allowed pre-arrest interim bails in the sum of Rs,27,000 each with one surety in the like amount each to the satisfaction of the said Court but the petitioners including Abbas Ali failed to furnish bail bonds as directed and also failed to put in appearance before the Court on 19-6-1997 which was the 'date fixed in the said case. Muhammad Baqir Inspector/S.H.O. Police Station Tandlianwala who was present outside the Court room has also been sent for and heard. He has placed before me a photo copy of the application purporting to have been moved by Abbas Ali and his co-accused before the Sessions Judge and also that of the order, dated 2-6-1997, referred to above, a perusal of which supports the contentions of the learned counsel for the complainant.
4. At this stage, the learned counsel for Abbas Ali petitioner wanted to confirm if this application bore the signatures of Abbas Ali. He has been shown a copy of the petition which does bear his signatures and the learned counsel for the petitioner is not in a position to deny it.
5. It is thus abundantly clear that the petitioner was allowed the concession of pre-arrest bail by the learned Additional Sessions Judge on duty, Faisalabad but after availing of the same for many days he and his co-accused failed to furnish the bail bonds as directed and even to enter appearance on the date so fixed. The conduct thus displayed by the petitioner disentitles him to the concession of protective/enabling bail particularly so when he has been guilty of withholding the facts and contending that he has come to know of his nomination in the delayed F.I.R. Only during arguments in the habeas corpus matter. The petition is liable to be dismissed and it is accordingly dismissed.
6. As requested by the learned counsel for the petitioner, the S.H.O. Shall first get the petitioner Abbas Ali medically examined as and when he is apprehended and he shall not be subjected to third rate methods/torture.