Through this application the Petitioner seeks pre-arrest bail in case FIR No, 168/2018 dated 16-4- 2018 registered at Police Station Shehar Sultan, District Muzaffargarh, for offences under Sections 419/420, PPC.
2. Briefly, the allegation against the petitioner that he had set up a clinic at Muradpur Nala where he provided paramedic allopathic services to the general public while impersonating as a qualified doctor although he did not hold any valid degree or certificate to practice medicine. On 16-4-2018, the Complainant who is a Deputy District Health Officer, raided the so-called clinic while the Petitioner was at work but he managed to flee.
3. Arguments heard. Record perused.
4. According to the prosecution, the Petitioner runs a clinic at Muradpur Nala and was attending his patients when the alleged raid was conducted. However, no reliable evidence is presently available on the record to substantiate the said allegation. He was not arrested from the spot, Neither the sign board of the Petitioner nor any medicine nor any medical apparatus was seized from there.
More importantly, not even the statement of any of the patients who were stated to be present at the clinic at the time of raid was recorded. All these circumstances call for further inquiry to determine guilt of the petitioner. The contention of the learned counsel that the FIR is actuated with malice may not be unfounded.
5. The Petitioner is a previous non-convict. Nothing is to be recovered from him. As such, no useful purpose would be served if he is sent behind the bars.
6. In view of the above, this application is accepted. Ad-interim pre-arrest bail already granted to the Petitioner is confirmed subject to his furnishing, fresh bail bond in the sum of Rs,1 00,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.