S. ALI HASSAN RIZVI, J. - Muhammad Rafiq alias Shahbaz and Abdullah alias Muna petitioners seek bail before arrest in case F.I.R. No. 97/09, dated 31.1.2009 for offences under Sections 420/468/471, P.P.C registered at Police Station Hanjerwal, Lahore.
2. The ground taken is that the offences under Sections 420/471, P.P.C, were bailable whereas offence under Section 468, P.P.C, was not made out that the petitioner had not produced the alleged forged certificate of birth relating to the alleged abductee Mst Chanda and that case against the petitioners at all events required further inquiry, it was also argued that the name of the father of the alleged abductees was not correctly noted in the alleged forged certificate.
3. Grant of bail was opposed by learned A.P.G, for the State and learned counsel for the complainant.
4. After hearing the learned counsel for the parties and going through the record, I quite see that in the course of investigation of case F.I.R. No. 938/08 registered under Section 496-A, P.P.C, at Police Station Hanjerwal, Lahore Abdullah alias Munna petitioner had produced the relvent birth certificate, it was secured through a recovery memo, which was attested by him. Whatever may be the correct name of the father of the alleged abductees, the fact remains that the forged certificate was produced by Abdullah alias Munna petitioner, it was found to be a fake and forged document as per report of the concerned Union Council. Evidently, the birth certificate of Mst.
Chanda was bolstered- up to forestall a defence since the recovery memo, through which the afore-said fake birth certificate was take in to possession was attested by Abdullah a//as Munna, he was prima facie responsible form bottom to top for offences under Sections 420/468/471, P.P.C.
5. The other petitioner Muhammad Rafiq alias Shahbaz is husband of Mst. Chanda alias Sadia who is accused of case F.I.R. No. 938/08 as afore-said and was granted bail before arrest by the learned Additional Sessions Judge on 29.10.2008. The bail granted to was sougth to be cancelled vide Criminal Miscellaneous No. 10777-CB/08 which has been dismissed by me vide separate order. The case to the extent of Muhammad Rafiq alias Shahbaz in my view requires further inquiry. He is entitled to bail. As far as the argument that offence under Section 468, P.P.C, was not cognizable and, therefore, the investigation is not lawful, is concerned, I am afraid, the same has no force. The reason .Is that when one of the offences in one F.I.R, is cognizable, all the other offences could be investigated as if all were cognizable. There is no dearth of authority on the point.
6. For all the above reasons, the application to the extent of Muhammad Rafiq alias is Shahbaz is accepted. Interim bail before arrest granted to him vide order dated 13.2.2009 is confirmed subject to his furnishing fresh bail bond in the sum of Rs. 1,00,000/- with one surety in the .Like amount to the satisfaction of the Trial Court.
7. However, to the extent of Abdullah alias Munna, no case for bail before arrest is made out. The application to his extent is, therefore, dismissed.