2007 PLP 1264 (YLR)

MUHAMMAD AKHTAR SHABBIR, J.

The petitioner seeks post-arrest bail in a case F.I.R. No.158 of 2005 dated 20-7-2005 registered at Police Station Jalilabad, Multan for an offence under sections 468/471/420/489-F, P.P.C.

2. As per F.I.R., the facts of the casein brief are; that the petitioner along with his co-accused namely Muhammad Ashraf, Ajmal Khan, Ahmad Nawaz came to the complainant and told him that Government landed property is present in Bahawalpur District and asked him that if he will pay Rs.5,89,050 then they will get allotted that property to him. The complainant paid the said amount to the accused in shape of cash, tractor: and agricultural instruments to all the accused. It is further alleged in the F.I.R. that despite making payment to the accused the said landed property was not got allotted to the complainant and when he contacted accused with regard to re-payment of his money they refused to re-pay the same. Subsequently, the matter was reported to Punchaiat where the accused gave the disputed cheques to the complainant, which were later on dishonoured. It is also alleged in the F.I.R. that the accused also issued a forged receipt of National Bank of Pakistan, Bahawalpur Branch to the complainant about depositing of Rs.1,60,000 regarding the allotment of above mentioned landed property.

3. Post-arrest bail of the petitioner was dismissed by the learned Additional Sessions Judge, Multan vide his order dated 15-6-2006.

4. Learned counsel for the petitioner contends that there is a delay of four years in lodging of the F.I.R. for which no plausible explanation has been narrated in the F.I.R. The case has been registered against the petitioner on the basis of mala fide of the police as well as complainant. Firstly the case was registered under section 489-F, P.P.C. but later on with mala fide intention sections 468/471/420, P.P.C. have been added. Further stated that complainant himself has issued two Cheques bearing No. 09037776 dated 17-3-2003 and 32878506 dated 2-4-2002 valuing Rs.2,00,000 each respectively to the petitioner in the presence of the witnesses which had not been encashed. Under the direction of the Court, F.I.R. No.439 of 2005 dated 19-10-2005 has been registered at Police Station Gulgasht, Multan against the complainant. He has forcefully contended that there is no signature on the cheques, allotment letter allegedly issued by the Collector and also deposit receipt in the National Bank.

5. The grant of bail has vehemently been opposed by the learned counsel for the State as well as complainant.

6. I have heard the arguments of the learned counsel for the parties and perused the record.

7. Admittedly there is delay of four years in lodging of the F.I.R. against the petitioner and other co-accused. Offence under sections 468/471/420 have been added later on. Offence under sections 468/471 are non-cognizable. Both the receipts of National Bank showing deposit of Rs.1,60,000 allegedly deposited by the petitioner has not been produced, which also does not bear the signature of the petitioner. The offences are not covered within the prohibition as contained in section 497, Cr.P.C. Pre-arrest bail of the co-accused Muhammad Ashraf has been confirmed by this Court vide order dated 26-1-2006. Principle of consistency is attracted to this case as the case of the petitioner is at par with the co-accused. It is also an admitted fact that there is litigation between the parties. The complainant is also involved in the case F.I.R. No.439 of 2005 dated 19-10-2005 registered under section 489-F. There are sufficient reasons to believe false involvement of the petitioner in the commission of the offence which bring the case of the petitioner within the ambit of further inquiry. The petitioner is behind the bars and no useful purpose would be served by detaining him in jail for an indefinite period. The petitioner is no more required by the police.

6. For the fore-going reasons and without prejudicing the merits of the case, this petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac), with two sureties each in the like amount to the satisfaction of the learned trial Court/Area/Duty Magistrate concerned. S.M.B./M-579/L Bail granted.