CH. MUHAMMAD TARIQ, J.---Through the present petition, the petitioner seeks his bail before arrest in case F.I.R. No,. 188 of 2010, dated 25-6-2010, for the offences under sections 419, 420, 468, 471, P.P.C., registered with Police Station Saddar Darya Khan, District Bhakkar.
2. The precise allegation against the petitioner is that he being Nikah Registrar, in connivance with his co-accused, prepared forged and fictitious Nikahnama of Mst. Samina Kanwal, daughter of the complainant and the said Nikahnama was used in petition under section 491, Cr.P.C.
3. Learned counsel for the petitioner contends that the petitioner is an innocent person who has not committed any offence. The police has registered this case with mala fide intention in connivance with the complainant party. The petitioner is not nominated in the F.I.R. and was later on involved in this case through supplementary statement. The petitioner is of 62 years of age. He has joined the police investigation and is no more required by the police for investigation purposes. In the circumstances, the petitioner is entitled to the grant of bail, therefore, the interim bail granted to the petitioner be confirmed.
4. Conversely, learned District Public Prosecutor instructed by Abdul Razzaq, ASI has vehemently opposed this bail petition.
5 Arguments heard. Record perused.
6. Perusal of record shows that Muhammad Bakhsh accused is a Nikah Registrar who in connivance with his co-accused prepared fictitious Nikahnama and thereafter a habeas corpus petition was filed against Mst. Samina Kanwal, daughter of the complainant on the basis of forged Nikahnama. During the investigation, the Nikahnama proved fictitious and the petitioner was found guilty of the offence of preparing forged Nikahnama. In our society this is a matter of great disgrace and definitely Mst. Samina Kanwal, complainant and his other family members have suffered a great mental agony and torture due to the unlawful act of the petitioner. The petitioner has committed a heinous offence and does not deserve to be granted bail before arrest as bail before arrest is an extraordinary relief which cannot be extended in such like cases.
7. In nutshell, the petitioner is prima facie guilty of the offence of preparing the fictitious Nikahnama and is not entitled to the grant of bail before arrest. As such, the order dated 24-11-2010 whereby ad interim bail was granted to the petitioner is hereby recalled.