1. This is an application for bail before arrest on behalf of Rana Zulfiqar Ali who claims himself to be a Councilor of the area. F.I.R. In this case was lodged by Dr.Khawaja Mahboob Ahmad, Incharge Civil Hospital, Phoolnagar. In the written application, the complainant alleged that he is posted as Incharge Civil Hospital, Phoolnagar. On 17-5-2002 at about 6-45 p.m. The complainant was present on duty when Rana Zulfiqar Ali armed with .30 pistol bore alongwith four unknown persons entered into the hospital and Rana Zulfiqar told the complainant that he had earlier asked him and also ask again that he should do his work. Upon this, the complainant replied that he could not do illegal acts. Rana Zulfiqar offered bribe but the complainant refused: Zulfiqar etc. Became angry and started giving slaps and used filthy abuses against the complainant. Rana Zulfiqar also extended threat that the complainant would be done to death. The complainant in order to slip'away started his car but the same was stopped by the accused. The car of the complainant was also allegedly damaged. In the meanwhile, Rana Dilshad Ali, Zulfiqar and other employees of the hospital tried to save the complainant upon which Zulficiar asked Dilshad that he had to take many revenges from him and gave a brick bat blow on the head of Dilshad as a result of which blood started oozing.
2. While leaving the hospital, the accused took away the wrist-watch of the complainant and also scattered the official record. The motive given by the complainant was that Rana Zulfiqar, petitioner/Councillor had asked the doctor/complainant to give a report of self-suffered injuries in respect of MLRs, 234 and 237 of 2002.
3. 2.. In support of this petition, learned counsel submits that a compromise has been arrived at between the parties. He has placed on record affidavits of Rana Dilshad Ali and Zulfiqar Ali to the effect that the matter has been compromised. Learned counsel for the petitioner has also placed on record a compromise deed signed by Dr. Khawaja Mahboob Ahmad, complainant, the injured witness and the other witness apart from respectable of the area, such as Sardar Talib Hassan Nakai, Sardar Asif Nakai, Tehsil Nazim and Rana 'Imtiaz Ahmad, District Nazim, Kasur. Rana Dilshad Ali and Zulfiqar Ali, P. Ws. Are present in Court to verify their affidavits while Dr. Khawaja Mahboob Ahmad is not present. According to the learned counsel, Rana Zulfiqar, petitioner has on his past acts and he has become a reformed person. Learned counsel adds that offence against the petitioner does not fall within the prohibitory clause of section 497(1), Cr.P.C., the petitioner was arrested on 17-5-2002 and was bailed out as the offences were bailable but later on some sections of P.P.C. Were added the petitioners applied for bail before arrest but the same was refused by the learned Additional Sessions Judge on 11-7-2002 and that the petitioner being law-abiding citizen is entitled to the grant of pre-arrest bail.
3. Conversely, learned A.A.-G. Submits that the petitioner has acted in a desperate manner by giving slaps on the face of the doctor who was Incharge of Civil Hospital. Further submits that practice of granting bail on the basis of affidavits has been deprecated by the apex Court. He has relied upon PLD 1997 SC 347.
4. I have heard learned counsel for the parties and have gone through the record. The background of this case is that Writ Petition No,1n 534 2002 titled "Muhammad Maqsood v. Dr. Afzal Bashir etc." was filed stating therein that Dr. Afzal Bashir, respondent to that writ petition had given concession to the accused person of case F.I.R. 272 of 2002 by writing that the injuries were self-suffered. On 18- 6-2002 after hearing learned counsel for the petitioner, notice was issued to the respondents and the respondent doctor was also directed to appear on the next date of hearing, that is, 10-7-2002.
4. On this date, respondent doctor appeared in person and the following order was passed:- "Respondent No,1 submits that one Yousaf came to him and asked that a result should be given to Maqsood that he had received injuries although he was having no injuries. On his refusal, after some time Maqsood was produced before him and it was stated that now he was injured and the result should be given. He submits that he was forced to give wrong result and for that reason he had written in the medico-legal report that the injuries on the person of Maqsood are self-suffered.
5. He submits that due to political pressure of the feudal lords of the area he had given that result. He further submits that feudal lords of the area also gave beatings to Kh. Mahboob Akhtar, Senior Medical Officer and in this regard a case was also registered but the local Police in connivance with the high-ups of the area and also under their pressure did not investigate the matter and in this regard they approached the D.I.-G., Lahore who directed the local Police to investigate the matter. For the just decision of the case, as Maqsood petitioner is present in Court, I direct that a bailiff of this Court be deputed to take Maqsood to the M.S., Services Hospital, Lahore who would constitute a Medical Board for examination of Maqsood and report in this regard shall be submitted today at one p.m. Put up the matter after receipt of the medico-legal report." However, the report of the Board was received late. I had gone through the report of Board of Doctors verifying the report of respondent No,1 Dr. Afzal Bashir that possibility of the injuries being self-suffered cannot be ruled out. The case was then taken up on 11-7-2002 when Dr. Khawaja Mahboob Ahmed was present and his statement was recorded. The doctor while making statement started weeping. He was given slaps, abuses and also extended threats. On the said date in the facts and circumstances, I had summoned the record of the Court granting bail to Rana Zulfiqar Ali and also directed the S.S.P., Kasur to produce Rana Zulfiqar Ali before this Court on 12-7-2002. On this date, S.H.O., Police Station Phoolnagar appeared but did not produce Rana Zulfiqar Ali. The learned A.A.-G. Was asked to apprise S.S.P., Kasur of the order of this Court and in case of failure of S.H.O. To produce Rana Zulfiqar Ali, the S.S.P. Would appear hi risell. The case was then taken up on 15-7-2002 and also on 16-7-2002. On 16-7-2002, S.S.P., Kasur appeared and sought time to apprehend Rana Zulfiqar Ali and on his request two weeks' time was allowed to S.S.P.
6. It may be noted here that Writ Petition No,10534 of 2002 was dismissed but Rana Zulfiqar Ali accused petitioner was issued notice to showcause as to why his bail should not be cancelled. It was thereafter that proceedings were taken up in Criminal Miscellaneous No,4789/CB of 2002 (suo motu). It was on 29-7-2002 that Rana Zulfiqar Ali moved Criminal Miscellaenous No,5031/B of 2002 seeking pre-arrest bail which was allowed till 31-7-2002 subject to furnishing bail bonds. Both these matters bearing Criminal Miscellaneous No,4789/CB of 2002 and Criminal Miscellaneous No,5031/B of 2002 are now being disposed of together. First of all I would like to discuss the influence which Rana Zulfigar accused enjoys over the local administration. On the statement of Dr. Khawaja Mahboob Ahmad, case, was registered against Rana Zulfiqar under sections 427/148/149/186/506, Part I and 337-L (ii), P.P.C. And he was produced by the Police for judicial remand before the Magistrate on 17-5-2002 when he was allowed bail.
7. Then on 11-7-2002, this Court ordered S.S.P., Kasur to effect service upon him but till 16-7-2002 he could not be served and even on the said date the S.S.P. Asked for further time to apprehend Rana Zulfiqar and the matter was adjourned to 31-7-2002 and it was only on 29-7-2002 that Rana Zulfiqar appeared at his own before this Court alongwith his pre-arrest bail petition which was granted till 31-7-2002. His influence is further reflected from the fact that today a compromise deed has been placed on record duly signed by "Dr. Khawaja Mahboob Ahmad, complainant of the FIR., the injured witness namely Rana Dilshad and other witness namely Zulfiqar Ali. It is pertinent to note that the said so-called compromise deed has also been signed by District Nazim, Kasur, Sardar Asif Nakai, Tehsil Nazim and Sardar Talib Hussain Nakii. Affidavits sworn by Rana Dilshad Ali and Zulfiqar have also been placed on record. It is worth-mentioning that after insertion of sections 337-A(ii), L(ii)/506/186/ 427/148/149 and 379, P.P.C., pre-arrest bail application of the petitioner was dismissed by learned Additional Sessions Judge, Pattoki on 11-7-2002.
8. Now, I would take up the compromise deed. A bare perusal of it, its signatories and non- appearance of the complainant Dr. Khawaja Mahboob Ahmad manifestly proves that it is the outcome of the pressure and the influence exerted by Rana Zulfiqar Ali who is being supported by the feudal lords of the area and even he has made it impossible that the senior supervisory police officer of the district despite direction of this Court has not been able to produce him and he at his own pleasure has opted to move this Court for pre-arrest bail on 28-7-2002. Furthermore offences under sections 379/506, para. Second and 163, P.P.C. Are not compoundable It is also noteworthy that the local police while registering the case on the complaint of Kh. Mahboob Ahmad did not mention the relevant sections of the P.P.C., such as 379/163 and 506, para second, P.P.C. With mala fide intention. Those were added only when the Investigating Officer was summoned by this Court and he appeared alongwith S.S.P. Of the district and even the Investigating Officer admitted his negligence when he was told about it.
9. This is a petition for pre-arrest bail. The basic ingredients in suchlike matters is that the petitioner apprehends arrest due to some ulterior motives or mala fides on the part of the authorities or other influential persons for there are some peculiar feature of the case and that is that the accused enjoys good name and his arrest may humiliate him in public eyes which would justify the exercise of this discretionary power. None of these conditions are available in the instant case rather in the instant case, the whole district administration is playing in the hands of the petitioner. In Murad Khan v. Fazal-e-Subhan and another (PLD 1983 SC 82). In this precedent, the entire case-law from 1949 was discussed and it was concluded as under:-- "As already observed it has been reiterated by this Court in earlier noted cases that the condition of arrest being ulterior motives, for example, that of humiliation and unjustified harassment is a necessary condition for pre-arrest bail.
10. In the case of Sarwar Sultan v. The State and another (PLD 1994 SC 133) their lordships of the Hon'ble apex Court ruled as under:- "Grant of pre-arrest bail means that the accused is exempted from joining the investigation and by not joining the investigation, prosecution case may suffer for want of recovery of incriminating articles and other material, which may be necessary to connect him with the commission of alleged crime. The Court has to keep in view all these factors in order to maintain balance between both parties and would be cautions not to give undue advantage to one party over the other at the stage of investigation."
11. It was also ruled in the report that most important criterion is that it is the mind of the Court which is to be satisfied that the case under its consideration is a fit case or not for grant of bail.
12. Taking into consideration the over all facts and circumstances of the case, the influence which the accused petitioner Rana Zulfiqar Ali enjoys over the local administration, the way he slapped on the face of the complainant doctor on his refusal to give the required medical certificate and the so- called compromise arrived at between the parties, it is not a fit case for the grant of pre-arrest bail.
13. Resultantly, the petition for bail before arrest is dismissed. The person like the petitioner must be dealt with strenly so chat people of the country could feel that they are citizens of the country in which there is a law and law has edge over everything. Suo motu Criminal Miscellaneous No,4789/CB of 2002 also stands disposed of. Before parting with this order, I am sorry to observe that observations made in the order dated 11- 7-2002 passed in Writ Petition No,10534 of 2002 have not taken with seriousness which they deserve. What to talk of poor citizens of poor people of Tehsil Pattoki, even the noble profession of doctors is not safe at the hands of the feudal lords rather the entire local administration is playing in their hands. A copy of this order shall be sent to Chief Secretary, Government of the Punjab for strict legal action to ensure that it is the law which would and has to prevail. To my mind, in Tehsil Pattoki, the law of Jungle is prevailing. The Registrar of this Court shall also send a copy of this order to Sessions Judge, Kasur and also to the learned Sessions Judge where now Mr. Tram Ayaz, Judicial Magistrate is posted. He did not even bother to go through the F.I.R. To see as to what offences are prima facia made out from a bare reading thereof and hurriedly allowed bail on the ground that the offences are bailable one.