' Through this petition Asrar Khan alias Chachu petitioner has sought pre-arrest bail in case F.I.R.
No.319 registered at Police Station Model town, Gujranwala on 13-5-2005 in respect of an offence under section 5 of the Punjab Prevention of Gambling Ordinance, 1978. Earlier on the petitioner had approached the Court of Session, Gujranwala.For his pre-arrest bail but his application in that regard was dismissed by the learned Additional Sessions Judge, Gujranwala vide order dated 30- 5-2005. Hence, the present petition before this Court.
2. After hearing the learned counsel for the parties and going through the record it has been noticed by me that the alleged occurrence in this case had taken place in the dead of a night, i.e., at 1-45 a.m. And admittedly the petitioner had not been apprehended at the spot. According to the F.I.R. The petitioner was not known to the raiding party prior to the present occurrence and his name had been disclosed to the raiding party by the petitioner's co-accused who had been apprehended at the spot. It has been admitted by the police officer present before the Court that apart from such disclosure by the co-accused of the petitioner regarding the petitioner's complicity there is no other independent evidence available in this case so as to connect the petitioner with the alleged offence. Seeking arrest of the petitioner in the absence independent evidence regarding his complicity may smack of mala fide on the part of the police. According to the learned counsel for the petitioner five co-accused of the petitioner who had allegedly been apprehended at the spot have already been admitted to post-arrest bail by the learned Additional Sessions Judge, Gujranwala. The petitioner has already joined the investigation and nothing is to be recovered from his possession.
3. For what has been discussed above this petition is accepted and the ad interim pre-arrest bail already allowed to the petitioner by this Court vide order dated 3-6-2005 is hereby confirmed subject to furnishing of a fresh bail bond by the petitioner in the sum of Rs.30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the Area Magistrate of Police Station Model Town, Gujranwala within a period of two weeks from today.
Pre-arrest .