' Petitioner Muhammad Akhtar seeks post-arrest bail in case FIR No, 139/2014 dated 14.04.2014 u/S. 420/468/471, PPC registered at P.S.Khairpur Tamewali, District Bahawalpur.
2. Precisely allegations against the petitioner as un-folded in FIR are that complainant has business transaction with the petitioner due to which the petitioner sold a tractor Fiat 480 Model 20.11 bearing Chassis No, 22226549-11-D5, Engine No, 618604 un-registered against an amount of Rs, 575,000/- and the petitioner handed over the said tractor and relevant documents to the complainant which on checking from the concerned department were found to be bogus.
3. Heard. Record perused.
4. Perusal of record reveals that no such documents as alleged by the complainant were either presented before the 1.0 or were recovered from the possession of the petitioner during the course of investigation. The offence u/S. 420 & 471, PPC are bailable whereas the application of Section 468, PPC is doubtful as no forged documents are on the file from where it could be presumed that the same were forged during the investigation. Even otherwise the said offence does not fall within the prohibitory clause of Section 497, Cr.P.C. Learned DPG assisted by learned counsel for the complainant remained unsuccessful in pointing out any material on the file against the petitioner.
The petitioner is behind the bars since 21.04.2014.- No useful purpose would be served by keeping the petitioner behind the bar for an indefinite period especially in the circumstances when the investigation is completed and challan has already been submitted before the trial Court where the trial has not commenced so-far. Relying upon the case of Fazal Elahi vs. The State (2004 SCM R 235) the involvement of the petitioner in the instant case requires further probe as contemplated u/S. 497(2), Cr.P.C. Resultantly this petition is allowed and the petitioner Muhammad Akhtar is admitted to bail subject to his furnishing bail bond in the sum of Rs, 100,000/- (One lacs rupees) with one surety in the like amount to the satisfaction of learned trial Court.