Rai Mumtaz Hussain Babar vs State S — 2025 PCrLJ 1253 LAHORE-HIGH-COURT-LAHORE

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Rai Mumtaz Hussain Babar VS State S. 498---Penal Code (XLV of 1860), Ss. 420, 468, 471, 161, 162 & 34---Prevention of Corruption Act (II of 1947), S. 5---Cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of a forged document as genuine, public servant taking gratification other than legal remuneration in respect to an official act, taking gratification to influence a public servant through corrupt or illegal means, common intention, criminal misconduct---Pre-arrest, recalling of---Record showed that after recalling of conditional bail after-arrest by the Special Court, the petitioner filed protective bail, which was granted to him for approaching the Court of first instance until 18.10.2023---Instead of contacting the Court of first instance, the petitioner filed transit-bail before the High Court---Petitioner was granted about twelve days to appear before the concerned Court---Petitioner filed his pre-arrest bail before the Special Court on 16.11.2023 and then the same was dismissed as withdrawn on 23.11.2023---After more than one year another pre-arrest bail petition dated 19.12.2024 was filed with certificate that "as per instructions that was first petition on the subject before the High Court---Said second pre-arrest bail was dismissed---On 13.02.2025, while granting ad-interim bail, the petitioner was directed to explain the delay---No plausible explanation for not approaching the Special Court for such a long duration had been offered---Petitioner was specifically permitted by the High to file a fresh bail petition---Even then it could not be a justification of filing the pre-arrest bail petition after about two years of the said order---Second pre-arrest bail before the Special Court was filed after more than twelve (12) months of the dismissal of first one---Noted facts undeniably amounted to playing hide and seek with Courts---Courts could travel to merits only upon satisfactory explanation given for the absence of the accused---Ad-interim pre-arrest bail granted to the petitioner was recalled---Petition was dismissed, in circumstances.

Rai Mumtaz Hussain Babar vs State S — 2025 PCrLJ 1253 LAHORE-HIGH-COURT-LAHORE

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