2013 P Cr (PLP)

SYED MUHAMMAD KAZIM RAZA SHAMSI, J.

Muhammad Waris Ali, petitioner, seeks anticipatory bail in case F.I.R. No.1106, dated 5-8-2012, registered under sections 420, 468, 471, P.P.C. with Police Station, Islampura, Lahore.

2. The crime report was registered on the written application of Shanawar Shahzad mentioning that he had lodged F.I.R No.195 of 2012 under section 489-F, P.P.C. with the Police Station New Anarkali, Lahore in which Muhammad Waris Ali secured ac,l interim pre-arrest bail on 30-6-2012 and while submitting surety bonds he submitted a fake sale deed of Noor Ahmad, Muhammad Saleem and Jhangir Hussain. He further mentioned that the sale deed was got verified from Sub-Registrar, Ravi Town. Lahore, who reported that the sale deed was a fake document? He pleaded that the accused by practicing fraud upon the Court had used a fake sale deed for obtaining his ad interim pre-arrest bail. At this stage, it is worth mentioning that subsequently the pre-arrest bail of Muhammad Waris Ali was confirmed by the learned trial Court and the bail bonds submitted by the petitioner after that order were found in order.

3. Parties have been heard at length, who have referred to various judgments of this Court as well as of the apex Court in relation to the points raised by the learned counsel for the petitioner that the complainant Shahnawar Shahzad has no locus standi to lodge the case against the petitioner, rather it was the Court to lodge the complaint under section 195(c) of Cr.P.C. The stance of the complainant counsel is that the complainant Shahnawar Shahzad being an aggrieved person had all legal authority to lodge the F.I.R. After examining various judgments, I have found that it is a matter, which would be decided by the learned trial Court whether the complainant had locus standi to set into motion the criminal machinery against the petitioner or it was the Court itself, where the surety bonds. with fake documents were produced, is to lodge the complaint. Prima facie, after examining cases reported as Muhammad Suleman and others v. Abdur Razzaque and others (PLD 2005 Lahore 386), Ghulam Shabbir and 6 others v. The State and another (1990 PCr.LJ 97), Abdul Nabi and another v. Syed Mukhtar and another (2003 PCr.LJ 1242), Noor Muhammad and others v. Sardar Ali and the State (1990 PCr.LJ 1079), Muhammad Ijaz and another v. The State (2008 YLR 778) and Musaddaq Abbasi v. Abdul Hameed Mughal and another (2008 YLR 1526). I subscribe to the view taken_ by the learned counsel for the petitioner whereas the cases cited by the learned counsel for the complainant reported as Abdul Hakeem v. The State (1994 SCMR 1103); Muhammad Shaft v. Deputy Superintendent of Police (Malik Gul Nawaz) Narowal and 5 others (PLD 1992 Lahore 178), Industrial Development Bank of Pakistan and others v. Mian Asim Fareed and. others (2006 SCMR 483), Zulfiqar Ali v. Arshad Mahmood, Magistrate 1st Class, Kabirwala and 2 others (2005 YLR 1316) and Muhammad Bashir alias Bokla and 8 others v. Superintendent of Police City Division, Lahore and 9 others (2007 PCr.LJ 864) do not support the version taken by the complainant. The cases, relied upon by the learned counsel for the complainant admittedly not applicable to the facts of the instant case, rather in the case of Muhammad Shafi(supra) it has been observed by the Full Bench of this Court that section 195, Cr.P.C. is an exception to the general rule that any person may set the criminal law in motion, its consequence being to take away the right of redress of persons. It is further observed in the precedent case that the offences have been selected for the Court's control because of their direct impact on the judicial process. In this view of the matter, the petitioner is entitled for the concession of bail.

4. For the foregoing reasons, the petition is allowed and ad interim pre-arrest bail already granted to the petitioner Muhammad Waris Ali is confirmed on furnishing of bail bonds in the sum of Rs.200,000 (Rupees Two Lacs only) with two sureties each in the like amount to the satisfaction of learned trial Court. MWA/M-300/L?????????????????????????????????????????????????????????????????????????????????? Bail confirmed.