2002 PLP 709 (YLR)

‑‑‑‑S.498‑‑‑Penal Code (XLV of 1860), Ss.218/420/468/471‑‑‑Pre‑arrest bail, grant of‑‑‑Accused feeling apprehension of immediate arrest at the hands of Police, had approached High Court for grant of bail before arrest without moving Court of the first instance‑‑‑Accused contended that since case stood registered against him at the instance of D.S.P., it had become virtually impossible for him to approach Sessions Judge for obtaining bail before arrest and he had moved directly the High Court‑‑‑Plea of accused was that trumped up charge had been brought against him to involve him maliciously in false case and that in case he was arrested he would be exposed to hatred, contempt and ridicule in society‑‑ Accused was admitted to protective bail, in circumstances. Ch. Anwar‑ul‑Haq Pannu for Petitioner. Naseem Sabir Chaudhry, Additional A.‑G. assisted by Rizvan Shahid for the State (on Court's call). Malik Khadim Hussain, SDPO Kamoke had set the police machinery into motion by getting case F.I.R. No.475 of 2000, under sections 468/471/420/218, P.P.C. registered against the petitioner with Police Station City Kamoke on 13‑11‑2000. Allegations of fraud, forgery and causing destruction of evidence lave been brought against him.

2. Feeling apprehension of imminent arrest at the hands of the police, the petitioner approached this Court for the grant of bail before arrest without moving the Court of first instance. Learned counsel submits that since the case stood registered against the petitioner at the instance of the D.S.P., it became virtually impossible for him to approach the learned Sessions Judge for obtaining bail before arrest and as such this petition has been moved directly before this Court. He argued that trumped up accusations have been brought to involve him maliciously in this, false case and in case he is arrested he would be exposed to hatred, contempt and ridicule in the society. He also submits that he is endangered to indignity of imprisonment for which no subsequent order of discharge or acquittal can atone.

3. Taking all these circumstances into my full consideration, I admit the petitioner to protective bail till 23‑11‑2000 subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of Trial Court/Duty Magistrate at Gujranwala. He is directed to make his application before learned Session Judge, Gujranwala for its disposal in accordance with law within the stipulated period. He shall join investigation to establish his standpoint before the Investigating Agency. This order will automatically lapse after expiry of the due date.

4. Copy Dast on payment of usual charges. N.H.Q./S‑431/L Bail granted.