' SHAHID HAMEED DAR, J.--Ameer Khan, Aman Ullah and Muhammad Ali (petitioners) seek bail before arrest in case F.I.R. No.963 of 2012 dated 6-7-2012 registered for offences under sections 420, 468, 471 P.P.C. At Police Station, Islampura (Lahore).
2. Precisely the allegation against the petitioners is that they sought ad interim bail before arrest from the Court of a learned Addl: Sessions Judge at Lahore in case F.I.R. No.267 of 2012 under section 380, P.P.C. Registered at Police Station Green Town, Lahore and filed surety bonds on the basis of bogus documents/sale-deeds which were declared as such by the Sub-Registrar Ravi Town, Lahore.
3. After hearing learned counsel for the parties and perusing the record, it is observed that the petitioners appear to have fallen prey to the crookedness and unscrupulousness of the surety, Muhammad Idrees who, single-handedly, managed the whole affair, on the strength of two bogus sale-deeds. The offence as noted above, has certainly been committed during the course of judicial proceedings which rendered it essential that the procedure as enshrined in section 195(c) of the Criminal Procedure Code should have been followed in letter and spirit before the matter was reported to the police for registration of a case against the petitioners. Whether or not the complainant was an aggrieved person or he had the legal authority to lodge the F.I.R. In question can only be determined by the learned trial Court, while looking into the requirement of law. Even otherwise the petitioners moved an application before the learned Area Magistrate on 7-5-2012 for filing fresh bail bonds by contending that they had been deceived by the surety Muhammad Idrees. One of the petitioners namely Ameer Khan got registered case F.I.R. Nos.1220 of 2012 dated 1- 9-2012 under sections 420, 468, 471 P.P.C. At Police Station Islampura (Lahore) against the above said surety, for having committed an offence of cheating, fraud and forgery. There is another important circumstance which may not be lost sight of that caseF.I.R. No.267 (supra) was found false during the course of investigation. The dubiousness of the prosecution case, as it appears from the tenor thereof, entitles the petitioners to grant of the relief prayed for.
4. Therefore, the instant application is accepted and the ad interim pre-arrest bail granted to the petitioners Nos.1 to 3 vide order dated 9-10-2012 is confirmed subject to furnishing fresh bail bonds in the sum of Rs.1,00,000 each with one surety each in the like amount to the satisfaction of learned trial Court.