2006 PLP 1436 (YLR)

MIAN MUHAMMAD NAJAM -UZ-ZAMAN, J.

Petitioners seek pre-arrest bail in case F.I.R. No.310 of 2005, dated 27-7-2005 for the offence, under sections 419/420/468, P.P.C. registered at Police Station Chiniot, District Jhang.

2. Petitioners were admitted to ad interim pre-arrest bail vide order, dated6-10-2005 with the direction to submit bail bonds amounting to Rs.50,000 each with one surety each. Report submitted by office reveals that petitioner No.2 Maqsood Ahmed son of Ghulam Hassan has not furnished surety bonds. To his extent no ground for pre-arrest bail is made out. This petition to his extent stand dismissed.

3. As far as Mst. Sahib Bibi is concerned, not only that she is an illiterate lady and her case falls within the ambit of first proviso to section 497, Cr.P.C. Muhammad Amir, S.-I. present in Court also submits that investigation to her extent complete and this lady is not required for further investigation. Accordingly to her extent this petition is allowed and ad interim pre-arrest bail already granted to her stands confirmed against the same surety bonds. While checking the record, Reader has informed that petitioner Maqsood Ahmed had filed the surety bonds in view of order, dated 6-10-2005 before Deputy Registrar (Judicial) and office has wrongly reported in this regard as mentioned in the order passed in the first part of the day. Upon query, I have found that petitioner had filed his surety bonds under the name of Maqsood Ahmed son of Ghulam Hussain but along with the surety bonds he had attached identity card showing this name as Muhammad Anwar son of Ghulam Hussain and due to this reason his surety bonds were not accepted by the Deputy Registrar and report was made. To clarify whether the person who appeared before this Court in the early hours of the day and who was admitted to ad interim pre-arrest bail by this Court vide order, dated 6-10-2005 is the real accused i.e. Maqsood Ahmed son of Ghulam Hussain, finds mentioned in the F.I.R. or not, S.H.O. Police Station City Chiniot District Jhang is directed to produce the petitioner before this Court tomorrow who was taken into custody when his bail was cancelled by this Court in the early hours of the day. In continuation of my previous order, Amir Ali, S.-I. has produced Muhammad Anwar son of Ghulam Hussain who had entered appearance before this Court on the previous date. Learned counsel for the petitioner submits that the real name of the present petitioner is Muhammad Anwar son of Ghulam Hassan but he has been shown as Maqsood Ahmed son of Ghulam Hassan in the F.I.R. On the other hand, record of this case reveals that throughout the proceedings i.e. before Additional Sessions Judge as well as before this Court the person present in Court is claiming bail before arrest under the name of Maqsood Ahmed son of Ghulam Hassan. Under the same name he appeared before this Court and was admitted to ad interim pre-arrest bail vide order, dated 6-10-2005.

4. Be that as it may, since this petition to the extent of petitioner No.2 is c not properly filed to this extent the same stands dismissed. In the meantime the petitioners are admitted to ad interim pre-arrest bail subject to their furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of Deputy Registrar (J) of this Court. The petitioner shall join the investigation as well as appear in Court on each and every date of hearing. H.B.T./S-39/L Order accordingly.