1999 PLP 1994 (MLD)

S. 498

Penal Code (XLV of 1860), S. 465/468/471

Pre-arrest bail, grant of

Petition for pre-arrest bail earlier filed by accused was dismissed by Trial Court and accused instead of surrendering himself to Court or to police had initiated petition for pre-arrest bail on ground that he was not present in city on date of occurrence as he had gone to another city

Accused was named in F.I.R. and serious allegations were levelled against him for committing offence of forging and preparing bogus motor registration certificates and selling those forged certificates to public

Accused, prima facie, was linked with offences mentioned in F.I.R. and he could not allege any mala fides against police-- Question of innocence of accused on basis of plea of alibi could only be agitated during investigation before police or at time of trial

Pre-arrest bail in such-tike cases was not to be granted as a matter of routine until and unless strong evidence existed that person was being implicated maliciously or due to mala fides of police

In absence of any allegation of mala fides and his malicious implication, accused could not be admitted to pre-arrest bail. Roshan Ara for Petitioner. A.case under sections 465, 468 and 471, P. P. C. is registered against the petitioner at Police Station, Mozang, Lahore vide F.I.R. No. 179 of 1998 dated 28-7-198 that he prepared bogus and fictitious dopcuments pertaining to the 'Motor Registration Authorities and the Post Office Department. He used to sell the bogus registeration certificates after committing forgery. Raid was conducted upon a secret information. The petitioner on seeing the police party ran away leaving behind a hand bag, which was thrown in the street. The police took into possession the hand hag and recovered the documents and articles used for forging and preparing the bogus registration certificates.

2. The petitioner applied for prearrest bail, which was dismissed on its merits by the learned Additional Sessions Judge, Lahore vide his order dated A 31-10-1998. Instead of surrendering to the Court or to the police, the petitioner has instituted this petition for prearrest bail on the ground that he was f not present in Lahore on the date of occurrence as he had gone to Gujranwala.

3. Secondly, it is contended that the petitioner has falsely been implicated in this case. I have considered the foregoing facts and find that these things were taken into consideration by the learned Additional Sessions Judge, Lahdre while refusing the prearrest bail. Suffice to say that the petitioner is named in the F.I.R. Serious allegations are levelled against him for committing the offence for forging and preparing bogus Motor Registration Certificates and connected papers purportedly issued by the Post Office. He was selling these forged certificates to the public. Raid was conducted but he managed to escape leaving behind a hand bag as stated above. In such a situation, the petitioner is prima facie linked with the offence mentioned in the F.I.R. There appears to be no mala fide on the part of the police. The question of innocence on the basis of plea alibi can only be agitated during the investigation before the police or at the time of trial. The prearrest bail in such like cases is not to be granted as a Matter of routine until and unless there is strong evidence that a person is being implicated maliciously or due to mala fide of the police. In the instant case there is no such element so as to invoke the extraordinary jurisdiction in favour of the petitioner by admitting him to prearrest bail particularly when his bail petition l stands rejected by a Court of competent jurisdiction.

5. This petition being meritless is dismissed. H.B.T./M-908/L Petition dismissed.