2019 PLP 999 (YLR)

MALIK HAQ NAWAZ, J.

Petitioner Naqeeb Shah son of Bulbul Shah resident of Bulchi Bagrote, Tehsil Danyore, District Gilgit, seeks post arrest bail in case FIR No.08/2018 dated 27.01.2018, registered at Police Station Airport Gilgit.

2. As per the story narrated in the FIR the petitioner was defrauding the innocent people and extorting money from them on the pretext that he will get them appointed in the Police Department. The petitioner was found in possession of some fake/fictitious appointment orders, which were also taken into possession by the local Police. The petitioner was arrested and FIR as mentioned above was registered against him.

3. The petitioner applied for post arrest bail in the Court of learned Judicial Magistrate, which was refused vide order/ judgment dated 25-02-2018. The petitioner tried his luck in the Court of learned Sessions Judge Gilgit but with the same result vide order/judgment dated 04-04-2018. Now the petitioner seeks indulgence of this Court against the order/ judgment of both the Courts below by means of instant bail petition.

4. The learned counsel for the petitioner submitted that co-accused from whom the alleged forged letters were recovered has been released by the police. The FIR has been lodged with a delay of about 24 hours and the delay has not been explained by the prosecution. Per learned counsel for the petitioner the Penal sections imposed in the FIR are not attracted in the case and despite laps of a long period the prosecution has not submitted the challan of the case in the trial Court, hence the detention of the petitioner beyond 17 days has become illegal. The case of the petitioner is one of the further inquiry and he may be released on bail pending disposal of the main case.

5. On the other hand the learned Deputy Advocate General submitted that the accused is directly charged in the FIR. The accused defrauded many innocent people and extracted money from them. The learned Deputy Advocate General further contented that the accused is directly charged in FIR and the statements of the people, who have been the victim of fraud have fully implicated the accused in their statements recorded under section 161, Cr.P.C. during the investigation. The money extracted from the people have partially been recovered and the statements of the victim also speaks against the accused.

6. The petitioner is directly charged in the FIR and forged appointment letters have been recovered from his possession. The people, who became prey of the fraud of the petitioner have implicated the petitioner in the crime. The "deceptive behavior" of the petitioner depriving the innocent and poor people from their life saving is a factor, which cannot be ignored lightly. The offence is not only heinous but also an offence against humanity and society. The petitioner does not deserve any discretionary relief, when there exists a prima facie case against him.

7. The challan of the case has not been put in Court in clear violation of section 173, Cr.P.C., which is highly depreciated. The prosecution is directed to submit the challan with a week time, otherwise strict action will be taken against the delinquent and responsible officials. Dy. Advocate General is strictly directed to convey the orders of this court to all concerned for immediate compliance.

8. There is no merit in the petition, which his dismissed accordingly. MQ/159/GB Bail refused.