The petitioner seeks pre-arrest bail in case FIR No, 995, registered with police station A-Division, Sheikhupura on 14.11.2008 for offences under Sections 420/467/468/471, PPC.
2. The FIR was lodged on the application of complainant Mst. Fatima Zahra alleging therein that her ex-husband (petitioner) had involved her in a fake case vide FIR No, 760/08, under Section 493-A, PPC, and had used a forged Nikah Nama of her with one Ali Muhammad in which investigation was held and case was found false, cancellation report was prepared. This was a criminal, fraudulent and deceitful act of the petitioner in order to blackmail, harass and to involve in a heinous offence showing the complainant as bride of one All Muhammad.
3. It is argued by learned counsel for the petitioner that the cancellation report in the case vide FIR No, 760/08 has been prepared on the instructions of DIG (Investigation), Punjab, Lahore and the copy of the same was sent which find mention in the cancellation report prepared on 08.11.2008 which apparently reveals the cancellation report has been prepared on the instructions of high ranking police officer with whom the complainant lady has links and already a Cr. Org. No, 836-W of 08 is filed impleading DIG (Investigation), Punjab, Lahore as a party along with MG (Investigation) and others who have been interfering into the investigation of the Case FIR No, 760/08 under Section 493-A, PPC. In the original Writ Petition No, 14847/08 this Court on 30.10.2008 directed not to interfere into the investigation despite they continued and pressed upon the Investigating Officer to cancel the case. The petitioner again filed a Cr. Org. referred above against all the respondents as they are taking interest and pressurizing to the Investigating Officer of the case in FIR No, 760/08 to cancel the same. The cancellation report of the above said case was result of undue influence of the respondents of the Cr. Org. They had also threatened the petitioner to falsely implicate him. The petitioner had been approaching Investigating Officer who also has shown his inability to carry out the investigation in just and fair manner stating that he had been instructed by the respondents of Writ Petition No, 14847/08 to cancel the case against complainant.
The petitioner had been making his efforts for transfer of investigation of his case despite his utmost efforts the Investigating Officer had conducted the investigation on the instructions of high ranking police officers; that the Raga Magistrate has not as yet agreed with the cancellation report of the case and merely opinion of the police is having no binding force on Court. The Nikah Nama of the complainant with one Ali Muhammad is registered with Union Council. The petitioner had obtained the attested copy of the same. His Case FIR No 760/08 under Section 493-A, PPC was based on correct fact that during the subsistence of the marriage of the petitioner she (complainant) had entered into marriage with the said Ali Muhammad. The police have no authority to declare the public document as forged one because it is the Court to decide if the Nikah Nama of the complainant with Ali Muhammad was genuine or forged one. That only Court concerned can under Section 195, Cr.P.C. file a complaint or until and unless public authority or Court refers the case the private person has no right to recourse to the police to initiate the criminal proceedings. It is also argued that the case got registered by the petitioner was on the basis of a public document which was subject of judicial scrutiny; that the police had directly registered the case which would have impact on the judicial process in violation of section 195, Cr.P.C. The police has given a bold favour to the complainant who is an accused for the offence to enter into marriage with Ali Muhammad without getting divorce from the petitioner; that petitioner is an Advocate, the police had recorded the statement of Secretary, Union Council in support of the case who have not denied that the document of Nikah is registered with the Union Council. The question of cheating and manoeuvering of the Nikah Nama finds no support from the material collected by the police. Also argued that petitioner had filed four writ petition which are still pending in this Court about the behaviour and favour of the police which he had been apprehending and pressure on the Investigating Officer to cancel the case of the petitioner and to involve him in the case which is a clear mala fide of the police as well as of the complainant to involve the petitioner in the case.
4. Learned DPG assisted by learned counsel for the complainant opposes that complainant lady has been humiliated with a plan engineered by manoeuvering a forged document to be used as genuine one. The record of the Union Council also reveals that the Nikah Nama was manoeuvered by the petitioner and with the planning and criminal intention was registered with Union Council so as to be used against his wife (complainant). It is further argued that the honour and dignity of Ali Muhammad and of the complainant lady has been humiliated by a blunt act of the petitioner; there is no mala fide of the complainant and of the police to involve the petitioner in the case.
However, learned counsel conceded that the Case FIR No, 760/08 registered under Section 493-A, PPC has not finally been cancelled by the concerned Ilaqa Magistrate. The support of the complainant by the MG (Investigation) and DIG (Investigation), Punjab, Lahore also has not been controverted that these high ranking police officers have no concern and are not in touch with the investigation.
5. Heard. Nikah Nama of complainant with said Ali Muhammad during the subsistence of marriage of the petitioner is a subject of this case which was produced by petitioner as complainant in case FIR No, 760/08 to initiate the criminal proceedings against the complainant, his wife, to have entered into marriage with Ali Muhammad without getting divorce from him. According to the cancellation report the document of Nikah Nama which was basis of FIR was found a forged one and case has been recommended for cancellation. The copy of the cancellation report produced in this Court reveals that a copy of the same has been sent to one Syed Javed Shah, DIG (Investigation), Punjab, Lahore. The said police officer (DIG) is not in charge of Sheikhupura range.
The petitioner had already filed many writ petitions along with Cr. Org. which are still pending in this Court. In Writ Petition No, 14847/08 this Court already directed the high ranking police officers not to interfere into investigation illegally. In the above said writ petition MG (Investigation) was directed to return the file of the case to the Investigating Officer concerned. Again Cr. Org. No, 836W/08 was filed that despite this direction the respondents including the DIG (Investigation), Punjab, Lahore are continuously interfering into the investigation. The petitioner time and again had been approaching this Court and his four writ petitions statedly are pending alleging in all these that the wife of the petitioner Mst. Fatima Zahra on account of her good relation with high ranking police officers is pressurizing the Investigating Officer to conclude the investigation at every cost in favour of the complainant of this case. It had also been repeatedly alleged by the petitioner that the Investigating Officer had openly been stating to him that they are under pressure and shown his inability to conclude the investigation in a just and fair manner.
6. In the case in question Nikah Nama of complainant with one Ali Muhammad still has not been declared as forged one and opinion of police is a subject of judicial scrutiny by competent Court.
The endorsement on the cancellation report to forward copy of the same to the unconcerned range Incharge police would prima facie support the apprehension of the petitioner that investigating officer might not be independent to form his opinion in investigation or on account of some buck up by any of the high ranking police officer against whom petitioner has been approaching this Court to restrain to interfere in investigation. The Nikah is registered with the union council under Muslim Family Law Ordinance, 1961 and if there was any violation in registration the proper forum has not been approached for seeking cancellation or declaration that the document in question is forged one. The complainant also has not availed the proper forum. The prosecution has recorded the statement of Secretary, union council which in the circumstances is not sufficient and conclusive to say that the Nikah of the co-plainant with Ali Muhammad is forged one and if at all so a propel enquiry on the application or in accordance with the procedure can be initiated. The entry in the union council of the Nikah cannot otherwise be cancelled without availing proper forum. Moreover, the competent Court still has not agreed with the report for cancellation of the case. The document is already with the police, therefore, the petitioner is not required for recovery purpose. The endorsement of the copy of the cancellation report to the unconcerned police officer having no concern with the range and with regard to the status of the petitioner who is an Advocate and if the relief of pre-arrest bail in the circumstances is with-held would result into his arrest which may lower his honour and dignity from the estimation of right thinking society. After discussing all aspects of the matter and legal value of the opinion of the police for cancellation of case it is in the interest of justice to grant extra-ordinary relief of pre-arrest bail to the petitioner.
Therefore, the ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 1,00,000/-(Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (judl) of this Court.