' KAZIM ALI MALIK, J.---Apprehending arrest in a case F.I.R. No,558 dated 21-6-2008 under sections 420/ 406/506, P.P.C. Registered with Police Station Town Ship, Lahore, Nazar Abbas, petitioner made an application for anticipatory bail before the learned Court of Session, Lahore, which was made over to a learned Addl. Sessions Judge before whom it came up for hearing on 8-10-2008 and was dismissed with an observation: "The petitioner is named in the F.I.R. During the investigation it has been admitted by petitioner that car was purchased by him from the complainant through Khizer Hayat co-accused. The payment of car is not made by petitioner as no proof of payment has been produced by him before the Investigating Officer during the investigation. No mala fide or ulterior motive on the part of the complainant has been established at this stage."
2. After having moved the Court of Session unsuccessfully, for pre-arrest bail the petitioner approached this Court with the same prayer.
3. The prosecution case set-up in the F.I.R. In brief, is that Sarfraz Ali Khokhar, complainant sold his car No, LWP 1304 to Khizer Hayat, co-accused on 28-4-2007 under a lease purchase agreement.
Khizer Hayat co-accused did not pay instalments due from him in terms of the agreement. With the consent of Sarfraz Ali, complainant and Khizer Hayat, co-accused the lease purchase agreement by the former in favour of the later was cancelled and the vehicle was handed over to Nazar Abbas, petitioner under new sale purchase agreement dated 12-5-2007. Khizer Hayat, co- accused, attested the agreement as marginal witness, Nazar Abbas; petitioner also failed to pay the outstanding instalments to Sarfraz Ali, complainant and also extended threats to him.
4. The F.I.R. Does not show as to when, where and before whom Nazar Abbas, petitioner extended life threats to the complainant. The complainant made vague and general allegation of threats against the petitioner, which could only be termed as his self assertion.
5. Now adverting to the main allegation, I would say without fear of contradiction that no offence whatsoever is prima facie made out against the petitioner even if the allegation set up in the F.I.R. Is believed and accepted in toto as gospel truth. For the sake of arguments if it is admitted for a moment that the petitioner violated terms and conditions of lease purchase agreement whereunder he had purchased the vehicle from the complainant even then there was no legal and factual justification for the latter to invoke criminal law with active support of the local police for resolution of a pure civil dispute. I could not understand as to how and with what authority the local police took cognizance of alleged breach of terms of lease purchase agreement between the parties. Although this Court is always reluctant to interfere with the process of investigation of a criminal case, yet administration of criminal justice cannot be left to the mercy of the investigating agency. In the case in hand the local police entertained a civil dispute falling within the exclusive domain of the civil Court. The only remedy available to Sarfraz Ali, complainant was to approach the civil Court for specific performance of the lease purchase agreement or in the alternative for recovery of outstanding dues. The police cannot and should not be allowed to assume the role of civil Court. Without deeper appreciation of the material, this case appears to be an encroachment upon the functions of the civil Court. The grounds, which weighed with the learned Addl. Sessions Judge while declining pre-arrest bail to the petitioner are offensive to the law governing the subject.
6. For what has been stated above, I am of the considered view that registration of the case and its investigation appear to be tainted with mala fide. Resultantly, interim pre-arrest bail already allowed to the petitioner is hereby confirmed against the previous bail bond.
7. A copy of this order may be sent to the Inspector-General of Police, Punjab Lahore for necessary action against the police official who did not remain within their allotted sphere and attempted to encroach upon the functions of Civil Court.