' This is a bail after arrest application in case F.I.R. No.340 of 2003, dated 19-6-2003, under sections 342/506/453/448/147/148, P.P.C. Of Police Station Satelite Town, Gujranwala.
2. According to the prosecution case set up in the F.I.R. Shabbir Ahmad Farooq, Advocate, complainant was appointed as a receiver by the Banking Court, Gujranwala to take over mortgaged factory belonging to the petitioner and also to prepare its inventory. Consequently, the complainant with help of the police, took over the petitioner's factory And prepared its inventory of various stock and then locked its outer gate and posted guards on the same and thereafter he submitted his report to that effect in the Banking. Court, Gujranwala.
3. On 29-5-2003, the petitioner alongwith his other companion being armed with hammers broke opened the lock of the factory and took over its possession and also hold the guards posted at the factory in their illegal confinement. Upon receipt of the information, the complainant with the help of the police rescued the guards and thereafter matter was reported to the police and consequently, this case was registered against the petitioner and others.
4. It is contended on behalf of the petitioner that from the plain reading of the F.I.R., offence under section 453, P.P.C. Which is lurking house trespass is not made out because the alleged offence took place in the broad daylight and there was no effort on the part of any one to conceal the occurrence and that all other offences charged against the petitioner are bailable. It is further contended that the petitioner is a respectable person and is president of the local Merchant Association and as well as small factory owner and his further detention is not likely to advance the prosecution case and is in jail since 4-9-2003. It is also contended that this case has not been registered on the directions of the Court and the Banking Court had not ordered the petitioner to restore the possession.
5. The complainant, who is an Advocate, had undertaken the entire proceedings and had taken over possession of the petitioner's factory in pursuance of orders of the Banking Court and had locked the outer gate of the factory and posted guards over there. The petitioner alongwith others being armed with hammer had broken the said locks and entered the factory and took over the same and are still in its possession. It is true that from the contents of the F.I.R., the ingredients of the lurking house trespass are not made out as the petitioner and his companions did not take any measure to conceal their offence but., from their act, offence under section 452, P.P.C. Is attracted which is punishable with 7 years' R.I. The petitioner and his companions being armed with hammers had also held security guards Iftikhar Ahmad and Ahmad Khan in confinement and had also threatened them with dire consequence which alludes personal harm and injury to them and this offence falls within the purview of section 506 Part(2) which is also non-bailable.
6. The contention of the learned counsel for the petitioner that the case had not been got registered by the Banking Court and no order to restore its possession to the complainant has been passed by the said Court has no relevance because the complainant had been appointed as Receiver of the Factory by the order of Banking Court and he had taken over possession of the factory in pursuance of the said order and he had got registered this case in the capacity of Receiver. As the complainant had been dispossessed from the factory, therefore, he could lodge the F.I.R. The petitioner after forcibly taking over possession of the factory is continuing in its illegal possession uptil-now. The Banking Court has not passed any order permitting him to retain possession of the factory in derogation of its earlier order.
7. The petitioner considering himself to be President of Merchant Association undertook to flout the action taken under the order of the Court with impunity and is still continuing with the same. The petitioner is not entitled to the concession of bail. This petition is dismissed.
(Ch. Ijaz Ahmad, J)