2007 PLP 1182 (YLR)

IJAZ AHMAD CHAUDHRY, J.

Through this petition under section 498, Cr.P.C. the petitioner Ghulam Akbar seeks bail before arrest in case F.I.R. No.166 registered on 12-5-2005 under Article 155 Police Order, 2002 read-with section 409, P.P.C. at Police Station Dalwaram District Pakpattan Sharif on the statement of Shahid Abbas, Inspector/ S.H.O.

2. The brief allegation in the F.I.R. is that the petitioner was the Investigating Officer in case F.I.R. No.84 registered on 18-7-2005 under sections 380/457/411, P.P.C. at Police Station Dalwaram and he got recovered three mounds wheat, one drum of diesel, 20 bags of wheat and cash amount of Rs.52,400 on different dates and the said articles were recovered by the petitioner through the recovery memos. but he did not deposit the said articles in Malkhana, which were misappropriated by him. Hence this case.

3. Learned counsel for the petitioner contends that the petitioner during investigation of the present case produced affidavit of Mst. Khurshid Bibi complainant of the said case that she had received the said articles. It is also contended that during investigation it was found that the petitioner had handed over the articles to the Superdar. It is also contended that the petitioner had not misappropriated the recovered amount and the police has also given the finding on 30-6-2005 that it was only negligence on the part of the petitioner and he had not committed any offence, who remained on bed rest from 25-10-2005 to 4-2-2006. 3-A. Learned counsel for the State on the other hand opposes this petition.

4. I have heard the learned counsel for the parties and also perused the record. Bail before arrest is meant to protect the innocent citizens if they are found to have been involved in the case with mala fide intention and ulterior motive. It was the duty of the petitioner to hand over the said articles immediately to the Moharrar for keeping the same in the Malkhana. Prima facie the petitioner had misappropriated the said articles and offence under section 409, P.P.C. is attracted in the present case, which falls within the prohibitory clause of section 497, Cr.P.C. Even otherwise, it is admitted position that the petitioner was bound to deposit the amount of Rs.52,400 in the double lock, which he failed to do and the same could not be Superdar. The affidavit of the complainant of the case, wherein the articles were recovered is of no help to the petitioner, rather it can be gathered that he is tampering with the prosecution evidence. It appears that after the registration of the case in league with the petitioner being their colleague, the Investigating Officer and the S.H.O. of the police station have tried to created some evidence to save him from the offence of misappropriation, which cannot be considered at this stage. The petitioner has failed to show any mala 'Tide for his false implication in the present case and no ground exists for the grant of pre-arrest bail. This petition being devoid of any merit is dismissed.

5. Before parting from this order the D.P.O., Pakpattan Sharif is directed to take the investigation of this case from the present. Investigating Officer and entrust the same to any other police officer not below the rank of S.P. who shall finalize the investigation within a fortnight in accordance with law without looking into the previous result of the investigation which appears to have been conducted in league with the petitioner who is also a police official. The D.P.O. shall also submit a report to this Court through the Additional Registrar (Judicial) about the result of the said investigation within one month. Copy of this order shall also be sent to the Inspector-General of Police, Punjab, Lahore, for information that how the investigation had been conducted badly in the present case to save their colleague, who otherwise had given a bad name to the department. H.B.T./G-13/L Bail refused.