' Through this petition Khan Afsar petitioner has sought pre-arrest bail in case F.I.R. No.279 registered at Police Station Naulakha, Lahore on 30-5-2004 for offences under sections 407/506, P.P.C. During the investigation section 489-F, P.P.C. Has been added to the F.I.R. Earlier on an application submitted by the petitioner before the Court of Session, Lahore seeking the same relief had been dismissed by the learned Additional Sessions Judge, Lahore vide order dated 21-6-2004.
Hence the present petition before this Court.
2. After hearing the learned counsel for the parties and going through the record it has straightaway been observed by me that the F.I.R. In this case had been lodged with a delay of more than four months. As regards the offence under section 407, P.P.C. Suffice it to observe that admittedly the relevant parcels had not been entrusted by the complainant to the present petitioner but he had handed over the said parcel to a booking clerk named Riasat. It is nobody's case that the petitioner is the owner or proprietor of the relevant courier company. There is absolutely no evidence available on the record of investigation regarding any entrustment to the petitioner or theft of the relevant parcel by the petitioner. In these circumstances applicability of the provisions of section 407, P.P.C. To the case in hand is prima facie suspect.
3. As regards the offence under section 489-F, P.P.C. It has been noticed by me that during the investigation of this case three cheques had been got issued from the petitioner by the local police allegedly under duress and coercion but before encashment of the said cheques the petitioner had written a letter to the relevant bank requesting stoppage of payment on the basis of such cheques and admittedly the said cheques have not so far been encashed. The language employed in section 489-F, P.P.C. Clearly postulates that the said offence is committed when somebody "dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation". In the case in hand the said cheques had surely not been issued by the petitioner towards repayment of any loan nor the petitioner had any obligation in that regard to fulfil because by virtue of the terms and conditions of the agreement between the complainant and the relevant courier service (a copy whereof has been appended with this petition as Annexure-D) it was the courier company which was under an obligation and liability to pay damages or to compensate the customer in case of any loss or theft of any parcel booked with such courier company. The petitioner, while working with the relevant courier company as its employee, had no personal liability or obligation towards the complainant in that regard. Thus, it cannot be said at this stage that the cheques issued by the petitioner had been issued by him towards fulfilment of an obligation on his part.
4. The only other offence remaining in the field in this case is the offence under section 506, P.P.C. I have searchingly asked the Investigating Officer as to what evidence has been collected by him regarding alleged commission of the said offence but he has informed the Court that apart from recording the statement of the complainant in that regard he has not collected any evidence to find out whether such allegation of the complainant in that respect is prima facie correct or not.
5.. In the backdrop of what has been observed above the submission made by the learned counsel for the petitioner regarding mala fide implication of the petitioner in the case in hand has appeared to me to be a submission which may not be without any foundation or substance. The Investigating Officer has confirmed the fact that the petitioner has already joined the investigation.
6. 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 6-7-2004 is hereby confirmed subject to furnishing of a fresh bail bond by the petitioner in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Area Magistrate of Police Station Naulakha, Lahore, within a period of two weeks from today.
7. Before parting with this order it may be clarified that the observations made in the present order shall always be treated as tentative in nature and the same shall not prejudice the investigating, agency or the learned trial Court in any manner.