' Through this application under section 497, Cr.P.C., the petitioner seeks his post-arrest bail in case F.I.R. No,110 of 1999, dated 21-3-1999 for the offence under sections 295-A, 295-C, 298 and 298-A, P.P.C. Registered at Police Station Allama Iqbal Town, Lahore.
2. Brief allegations as stated in the F.I.R. Are that the complainant is a Senior Advocate of Supreme Court of Pakistan and of this Court and former President, Lahore High Court Bar Association and at present Chairman, World Association of Muslim Jurists with its branches within country and abroad. He is visiting Professor of International Islamic University. Islamabad and have been making contribution for Islamization of laws in the country. He has the privilege to introduce the law of contempt of the Holy Prophet (s.a.s.) in Pakistan through due process of Federation Shariat Court and Supreme Court. Punishment of this offence is death alone under section 295-C, P.P.C. He is also author of the book Namoos-e-Rasul and law of Contempt of Holy Prophet (s.a.s.). The complainant has also conducted cases of Blasphemy in the High Court and Supreme Court of Pakistan against the contemners of the Holy Prophet (s.a.s.). This has annoyed Christian and Qadyani against him within and outside Pakistan. False and frivolous cases were registered against him on the ridiculous allegation that certain young men attempted to murder Asma Jillani and her sister Hina Jilani and other relations being provoked after reading his book "Namoos-e-Rasool" and "Tauheen-e- Rasalat". The complainant has been receiving abnoxious and intimidating calls with threats of death from several unidentified persons. He also received letters defiling the sacred name of the Holy Prophet (s.a.s.) directly abusing him with such filthy and highly provocative language that no Muslim on earth can tolerate such dustiest letters. He torn those letters but subsequently he received letter on 21-10-1998 wherein the same nasty abuses and bastardly language was used, which instigated the complainant to trace out the accused and he succeeded in tracing the accused as petitioner. The complainant also received abnoxious calls on telephone, which was under observation and the real culprits were traced. Hence the case was registered against them on the complaint of complainant.
3. The learned counsel for petitioner contends that no private person can get registered a case under section 195 of Criminal Procedure Code as the complaint can only be filed by an Officer of Provincial or Federal Government. He has relied upon the decision of Jail Appeal No,300/J of 2000 of Qadar Masih. The learned counsel further contends that the case is of no evidence and is based on hearsay evidence and no direct witness is available to connect the accused person with the commission of alleged offence. It is further contended that the prosecution evidence is insufficient to connect the petitioner with the commission of offence. He further added that in similar circumstances this Court has granted bail to Hussain Masih, which case is reported in 2001 PLR 1438 and further the F.I.R. Of the same was quashed and that decision was reported in 2001 PCr.LJ 1003.
According to the learned counsel the probability of conviction of petitioner in this case in view of above-cited precedent is nil and it is totally false case and becomes a case of further inquiry. He submitted that the petitioner is entitled to grant of bail under subsection (2) of section 497, Cr.P.C. It is further contended that the petitioner never remained fugitive from justice and has been appearing in his Intermediate and B.A. Examination during the alleged period of his abscondence.
It is further contended that the offences under sections 298 and 298-A, P.P.C. Are not attracted in the case of petitioner as these provisions only relate to Quadianis.
4. On the other hand, the learned counsel Mr. Muhammad Ismail Qureshi complainant himself has opposed this bail application on the ground that petitioner remained fugitive from law and lost his normal rights. It is further contended that sufficient evidence has been collected by the police in order to connect the petitioner with the commission of offence that the trial is in progress and out of 11 witnesses the statements of five witnesses have been recorded and there is likelihood of conclusion of trial in near future. It is further contended that the case of petitioner does not fall under further inquiry as sufficient grounds exist to believe that the petitioner is guilty of the offence under section 295-C, P.P.C. Which is punishable with death.
5. The learned State Counsel while opposing this bail petition has contended that the letters addressed to the complainant were sent to Handwriting Expert for comparison with the handwriting of the petitioner and the report is in positive, which is part of file.
6. I have heard the learned counsel for parties and perused the documents produced by both the parties during the arguments. There is serious allegation against the petitioner, who is named in the F.I.R. The offence under section 295-C, P.P.C. Is punishable with death. The letters addressed to the complainant allegedly written by the petitioner in which filthy abusive language has been used against Holy Prophet (p.b.u.h.) were sent to Handwriting Expert with specimen handwriting obtained from the petitioner and the report has been received back which is positive. The other evidence is statements of witnesses who have deposed before the Court as P.W.1 and P.W.3 about extra-judicial confession made by the petitioner. The other evidence to be produced by the prosecution provides sufficient ground to believe that the petitioner, prima facie, is guilty of the offence falling within the purview of subsection (1) of section 497, Cr.P.C. Whereas learned counsel for the petitioner has failed to bring it within the purview of subsection (2) of section 497,. Cr.P.C.
The petitioner also remained fugitive from law, therefore, he lost his normal rights. As the trial is pending in the Court of learned Additional Sessions Judge and about half of the prosecution witnesses have been recorded, I am not inclined to give observation on the contention raised by the learned counsel for petitioner that the complaint was to be filed by the Federal or Provincial Government under section 196 of Cr.P.C. Lest it may prejudice the case of any party on merits before the learned trial Court after conclusion of the trial. This bail application has no merit which is dismissed. However, I direct learned Additional Sessions Judge to conclude the trial within sixty days from today.