1. Apprehending their arrest at the hands of the police, by means of instant petition, Muhammad Yar and Asghar Ali (petitioners) seek pre-arrest bail in case, FIR No. 19, dated 27.02.2017, offence under Sections 420, 468, 471, PPC, registered with Police Station, Kasisay, District Hafizabad.
2. 2.Prosecution story, in brief as per contents of the crime report is that Muhammad Zafar husband of the complainant was owner of properly measuring 12-acres along with residential house, etc. who died on 26.01.2016, but brother of the deceased namely Muhammqd Yar (petitioner) along with his co-accused prepared forged anti-dated tallaqnama and sent the same to the complainant through post in order to deprive her from the inheritance.
3. 3.Learned counsel for the petitioners submits that the petitioners have falsely been roped in the instant case by the complainant against the actual facts and circumstances with malafides in connivance with the local police. It is submitted that there is delay of more than one year in lodging the crime report for which no plausible explanation has been rendered by the prosecution. Learned counsel adds that mutation has already been attested in favour of the complainant to the extent of her share. Adds that though Muhammad Yar (petitioner) has challenged the mutation through civil suit, but he has no objection and still the complainant is at liberty to file an application for partition before the Tehsildar concerned and seek possession of the land to the extent of her share according to inheritance. It is contended that the original document has not been produced before the Investigating Officer and the FIR has been lodged merely on the basis of photocopy, which cannot be made basis for lodging of crime report. Adds that civil litigation is already going on between the parties. Learned counsel submits that in such circumstances sending the petitioners behind the bars would not serve any useful purpose for the prosecution.
4. 4.Contrarily learned Deputy Prosecutor General assisted by learned counsel for the complainant has opposed this petition with vehemence. It is argued that the petitioners are named in the crime (report with specific allegation. It is submitted that the petitioners were found guilty by the Investigating Officer during the course of investigation. Moreover, it is a pre-arrest bail and the same can be granted sparingly.
5. 5.Arguments advanced pro and contra has been heard. I have also gone through the record available on file.
6. 6.There is no denial to this fact that the petitioners are named in the crime report, however, this Court has to see from the facts and circumstances whether case of the petitioners to the extent of grant of bail is made out or not. There is delay of more than one year in lodging the FIR for which no plausible explanation has been rendered by the prosecution. Even otherwise, the crime report has been lodged on the basis of photocopy of the alleged tallaq nama, but original of the same has not been produced before the Investigating Officer. Furthermore, civil litigation is already going on between the parties. When confronted, the complainant present before the Court along with her learned counsel states that mutation has been attested in her favour to the extent of her share, but possession of the same has not been handed over by the petitioners to her. Though Ahmad Yar (petitioner) has challenged the mutation through civil suit, but he has shown no objection and still the complainant is at liberty to file an application for partition before the Tehsildar concerned and seek possession of the land to the extent of her share according to inheritance.
7. 7.For the foregoing facts and circumstances, his Court is persuaded to allow pre-arrest bail to the petitioners. Resultantly, ad-interim bail already granted to the petitioners in terms of order dated 31.03.2017 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 1,00,000/- each with one surely each in the like amount to the satisfaction of learned trial Court.