2006 PLP 1597 (YLR)

IJAZ AHMAD CHAUDHRY, J.--Through this application under section 497, Cr.P.C., the petitioner seeks post-arrest bail in case F.I.R. No.476 of 2005, dated 9-7-2005 registered under sections 419, 420, 468 and 471, P.P.C. at Police Station, Satellite Town, District Gujranwala, on the statement of Professor Rashid Ahmad, the complainant.

2. The brief allegation against the petitioner as alleged in the F.T.R. is that he had joined service of Lecturer Assistant (Grade-7) in the Government College, Gujranwala after obtaining fictitious appointment order dated 7-1-2004.

3. The learned counsel for the petitioner has contended that the petitioner had joined the duty on the basis of valid order and salaries were drawn by the petitioner for the duties he had performed; that the petitioner had not made any fraud, with the Education Department, who is innocent and has been falsely involved in the present case with mala fide intention and ulterior motives of the complainant; that there is no evidence against the petitioner that he had prepared fictitious order for his appointment and in fact he himself was defrauded.

4. The learned counsel for the State has opposed this bail petition on the ground that the petitioner had played fraud with the Education Department after obtaining forged appointment letter and he caused loss to the Public Exchequer, while drawing salaries.

5. I have heard the arguments advanced by learned counsel for the parties and perused the record with the due care and caution.

6. The petitioner has attached copy of the appointment order issued by the Deputy Director (Administration), Directorate of Education (Schools), Gujranwala as Annexure-"B" with the petition through which he was appointed as an Officiating Assistant Lecturer for Rs.750 per month in the Basic Pay Scale No.7, which order was issued by Ch. Muhammad Asghar Cheema, Deputy Director (Administration), Directorate of Education (Schools), Gujranwala vide Order No.16183-II dated 17-6-1988 and approval was also made by the Chief Minister, Government of the Punjab on the basis of order made by Secretary Education, Government of the Punjab, on 13-12-2003 and the petitioner was adjusted against a vacant post on 26-2-2005 and said letter was further verified by the Government of the Punjab, vide letter dated 10-8-2005 issued to the District Police Officer through which the petitioner had been reinstated in the service. The prosecution has not been able to collect sufficient evidence against the petitioner prima facie to connect him with the commission of crime. None of the offences falls within the ambit of prohibitory clause of section 497, Cr.P.C. In such-like cases, grant of bail is a rule and refusal is an exception, but I do not find any exceptional circumstances to refuse bail to the present petitioner in this case. For the foregoing reasons, the instant bail petition is accepted and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./A-66/L Bail granted.