ORDER SHAHID HAMEED DAR, J.- -- Seeks bail after arrest in case F.I.R. No.155 of 2010 under sections 420, 468, 471, P.P.C. Registered at Police Station, Attock Khurd, on the complaint of Ghulam Muhammad S.-I.
2. Briefly the prosecution case is that the petitioner applied for seeking superdari of vehicle No.LXA 5113, the case property of case FIR No.126 dated 27-5-2010 under section 9-B C.N.S.A., Police Station, Attock Khurd and produced the registration book thereof before the court of learned Additional Sessions Judge, Attock, in respect of his claim which was got verified and the Excise and Taxation Department Rawalpindi reported that the said document was bogus/fake; the learned Sessions Judge, Attock on receipt of the above-said report ordered for registration of a criminal case against the petitioner, hence, the instant case.
3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case due to some misconception and confusion qua the facts, as the petitioner had produced the original registration book before the court at a later stage; offence under sections 420, 468, P.P.C. Are non- cognizable and section 420, P.P.C. Is bailable; the investigation stands completed and the petitioner is no more required for the purpose of further investigation.
4. On the other hand learned Deputy Prosecutor-General submits that a specific allegation of committing the offence of forgery and knowingly using the forged documents as genuine, has been alleged against him and there is sufficient evidence on the file to connect the petitioner with the said allegations; the petitioner is a desperate person who conspired and attempted to cheat a court of law, hence, he may not be released on bail; the petitioner absconded after the occurrence and proceedings under section 87 Cr.P.C. Were conducted against him on 6-9-2010 so he may not be released on bail.
5. Arguments heard. Record perused.
6. It has been alleged against the petitioner that he, in a dare devil manner, presented a bogus registration book before the learned ASJ, Attock for seeking superdari of the vehicle in question which was got verified by the court, through the Excise and Taxation Department, Rawalpindi and it has been reported by the said office that the registration book, presented by the petitioner was fake. The petitioner later on changed his version that the previous owner of the said vehicle had handed down the original registration book of the vehicle to him and that he possessed the same being the exclusive owner of the vehicle, but, it cannot absolve the petitioner of the liability of having committed the offence under the aforesaid penal provision of law.
7. The objection raised by the learned counsel for the petitioner that offences under sections 468, 471, P.P.C. Being non cognizable could not be investigated by the police without fulfillment of requirement of section 155(2), Cr.P.C, is devoid of any force as section 420, P.P.C. Is cognizable and in presence of a cognizable offence, the non-cognizable offences can be lawfully investigated by the police, without seeking prior permission of the magistrate. The petitioner has shown through his conduct that he has scant respect for the decorum of the courts as he in absence of original registration book ventured into presenting a bogus dozier/document before the court of law, to earn a favourable order fraudulently. The petitioner in the attending circumstances of this case does not deserve any leniency notwithstanding the arguments of the learned counsel for the petitioner that the offence alleged against the petitioner does not fall under the prohibitory clause of section 497, Cr.P.C. It has not been provided anywhere in the statute book that an accused shall become invariably entitled to grant of bail as a matter of right in every case, not falling under the prohibitory clause of section 497 Cr.P.C. The conduct of the accused has rendered him disentitled to grant of bail in the instant case for the reasons mentioned hereinbefore.
8. The petitioner absconded after the occurrence and was arrested by the police on 7-9-2010 and in the meanwhile a report under section 512, Cr.P.C. Had been submitted against the accused before the court concerned after fulfillment of requirement of section 87, Cr.P.C. An absconder would lose some of his normal rights guaranteed under the substantive as well as ordinary/procedural law. The police, after completion of investigation, filed complete challan under section 173, Cr.P.C. Against the petitioner on 13-9-2010 which shows that the commencement of the trial of the accused is on the cards.
9. For what has been discussed above, I am not inclined to accept this application which, accordingly stands dismissed.
10. The learned trial Court is directed to accelerate the proceedings of the trial and conclude the same within four months from the date of receipt of order of this Court.