2003 PLP 1174 (MLD)

S. 498

Penal Code (XLV of 1860), Ss. 379/420/468/471-- Ad-interim pre-arrest bail, confirmation of

F.I.R. in the case had been lodged with a delay of four months and no specific role had been attributed therein to co-accused

During investigation S. 379, P.P.C. had already been deleted from the F.I.R. and offences under Ss. 420 & 471, P.P.C. were bailable

Prosecution could not produce evidence to show that the accused had forged the registration documents of vehicle in question

Investigating Officer had categorically stated before Court that accused had already joined the investigation and nothing was to be recovered from their possession

Ad-interim pre-arrest bail already allowed to the accused, was confirmed, in circumstances. Liaqat Ali Awan for Petitioners. Ch. Muhammad Iqbal Sultani for the Complainant. Aneela Iqbal Bhatti for the State. Through this petition Abdul Jabbar and Zulfiqar Ahmad petitioners have sought pre-arrest bail in case F.I.R. No.176 registered at Police Station Dijkot, District Faisalabad on 7-5-2002 for offences under sections 379/420/468/471, P.P.C. Earlier on an application submitted by the petitioners for the same relief before the Court of Sessions, Faisalabad had been dismissed by the learned Additional Sessions Judge, Faisalabad vide order dated 5-7-2002.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of four months and in the said F.I.R. no specific role had been attributed to Zulfiqar Ahmad petitioner No.2. It is not disputed that during the investigation section 379, P.P.C. has already been deleted from the F.I.R. and the offences under sections 420 and 471, P.P.C. are bailabl

6. As regards the offence under section 468, P.P.C. I have searchingly asked the learned counsel for the State as well as the complainant and also the Investigating Officer of this case, who is present before this Court today alongwith the record, to show to the Court any evidence available on the record pointing out that it was the petitioners who had forged the registration documents of the vehicle in question but all of them have expressed their inability in that regard. All that they have maintained before this Court is that the petitioners have cheated the complainant. The offence of cheating, i.e. section 420, P.P.C., as already observed above, is bailable. It is also not disputed that during the investigation a Deputy Superintendent of Police has already declared Zulfiqar Ahmad petitioner No.2 to be innocent which opinion reflects adversely upon bona fide of the complainant's allegations. It is also available on the record that on 15-11-2001 this very vehicle was taken into possession by the Rawalpindi police in connection with case F.I.R. No.858 of 2001 registered at Police Station CIA Staff, Ganj Mandi, Rawalpindi from the custody of somebody else and thereafter the said vehicle was given on superdari by the Area Magistrate to one Khurshid Bukhari. It is not clear on the present record that if this very vehicle was in possession of the said Khurshid Bukhari on Superdari on 4-1-2002 then how could the same be shown to be in the petitioners' possession on the same day when the petitioner had allegedly tried to sell it to the complainant. The Investigating Officer has categorically stated before this Court that the petitioners have already joined the investigation and nothing is to be recovered from their possession at this stage.

3. For what has been discussed above this petition is accepted and the ad-interim pre-arrest bail already allowed to the petitioners by this Court vide order dated 11-7-2002 is hereby confirmed subject to furnishing of fresh bail bonds by the petitioners in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the Area Magistrate of Police Station Dijkot, District Faisalabad. H.B.T./A-746/L Ad-interim pre-arrest bail confirmed.