' ALI BAQIR NAJAFI, J.---The petitioner, through this petition, seeks pre-arrest bail in case F.I.R. No,101 of 2012 dated 12-3-2012 registered under section 5 of the University and Board of Intermediate and Secondary Education Mal-practices (Amendment Qrdinance) 1999 at Police Station Ferozewala District Gujranwala.
2. Briefly the prosecution version contained in the F.I.R., recorded on the strength of written complaint of Javed Iqbal Arshad, Center Superintendent, is that one Muhammad Zikraya son of Manzoor Ahmad was found sitting for the petitioner and solving paper for annual examination of Matriculation (Roll number not mentioned).
3. The learned counsel for the petitioner contends that the petitioner was not apprehended at the spot; that he had already been charged, as UMC was prepared against him; that his future career must be taken into account;, that co-accused of the petitioner has been granted post arrest bail by the learned Judicial Magistrate, Gujranwala; that no incriminating material is available against the petitioner to connect him in the alleged offence; that the petitioner has been wrongly involved in this case; that the petitioner has joined the investigation, and nothing is to be recovered from him Hence he is entitled to the concession of pre-arrest bail.
4. On the other hand, learned D.P.-G. Has vehemently opposed the prayer for grant of pre-arrest bail by submitting that the commission of very serious offence has been alleged against the petitioner, who is a young person and he would learn a lesson if pre-arrest bail is refused.
5. Heard. Record perused.
6. Section 5 of the Ordinance ibid shows that although the offence is non-bailable but it does not fall within the prohibitory clause of section 497, Cr.P.C. The tendency of the police and the complainant is reflected from the very fact that instead of controlling the malpractices through their procedural efficiency, they have tried to register criminal cases to show the public at large that they are working hard to check cases of malpractice. Had the staff been efficient, there should not have been any instance of the commission of such an offence. Even Otherwise, co-accused has also been granted bail. Keeping in view the future career of the petitioner, at this stage of his age, this petition is accepted and petitioner's pre-arrest bail already granted vide order dated 5-4- 2012 is hereby confirmed subject to his furnishing of fresh bail bonds in the sum of Rs,.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.