ABDUL SAMI KHAN, J.---Through this single order, I propose to decide the instant petition along with Criminal Miscellaneous No.126970-B of 2017 as in both these petitions, Muhammad Nazeer Ahmad, Sajjad Kashif and Hamza Kashif petitioners have sought pre-arrest bail under section 498, Cr.P.C. in case FIR No.493/17, dated 04.12.2017 registered at Police Station City Pakpattan, in respect of offences under sections 447/511, 379, P.P.C.
2. The arguments advanced by learned counsel for the parties have been heard and record of the case has been perused with their able assistance. These are petitions for bail before arrest, deeper appreciation is not permissible and only tentative assessment is required at this stage. It has been noticed by this Court that the case to the extent of Muhammad Nazeer Ahmad petitioner is distinguishable from that of Sajjad Kashif and Hamza Kashif petitioners, so first I would like to discuss the case to the extent of Muhammad Nazeer Ahmad petitioner. It has been noticed by this Court that Muhammad Nazeer Ahmad petitioner is named. During the course of investigation, Muhammad Nazeer Ahmad petitioner has been found involved in this case and it has come on the surface of record that he sold out the plot in question to Sajjad Kashif and Hamza Kashif petitioners and after receiving the amount of consideration from them, he tried to handover the possession of the same to them. It has also come on the surface of record that prior to selling the plot in dispute to his co-accused, Muhammad Nazeer Ahmad petitioner had already taken away some bricks from there. Apparently Muhammad Nazeer Ahmad petitioner has not only committed fraud with the complainant, but has also defrauded his co-accused Sajjad Kashif and Hamza Kashif petitioners. The statements of PWs recorded under section 161, Cr.P.C. prima facie connect Muhammad Nazeer Ahmad petitioner in this case. He has also failed to establish any mala fide of the complainant or local police for his false implication in this case. Bail before arrest is an extraordinary remedy, meant for innocent persons, but in this case sufficient material is available to connect the petitioner with the alleged offence. In a recent judgment reported as 2016 SCM R 2064 in case of "Mukhtar Ahmad v. The State and others", Hon'ble Supreme Court of Pakistan has been pleased to observe that the concession of pre-arrest bail cannot be allowed to an accused person unless the court feels satisfied about seriousness of the accused person's assertion regarding his intended arrest being actuated by mala fide on the part of the complainant party or the local police, but in this case, Muhammad Nazeer Ahmad petitioner has failed to point out any mala fide of the complainant or the local police for his false implication in the instant case, therefore, he does not deserve the extra ordinary concession of pre-arrest bail. For the foregoing reasons, Criminal Miscellaneous No.125654-B of 2017 has got no force and the same is dismissed and the ad interim pre-arrest bail already granted to Muhammad Nazeer Ahmad petitioner is also recalled.
3. As far as the case to the extent of Sajjad Kashif and Hamza Kashif petitioners are concerned, although they are also named in FIR, yet the fact remains that during the course of investigation, it came on the record that these petitioners purchased the plot in dispute from Muhammad Nazeer Ahmad co-accused and prima facie they are bona fide purchasers with value and without having information of any defect qua the ownership of co-accused Muhammad Nazeer Ahmad, whose bail has already been dismissed. The factum of purchasing the plot in dispute by Sajjad Kashif and Hamza Kashif petitioners from co-accused Muhammad Nazeer Ahmad, possibility cannot be ruled out of consideration that Sajjad Kashif and Hamza Kashif petitioners have been falsely involved in this case with mala fide intention and ulterior motive and also after due deliberation and consultation in order to put pressure upon them to withdraw their claim of ownership over the disputed plot. Sajjad Kashif and Hamza Kashif petitioners have already joined the investigation of the case, which as per investigating officer is complete to his extent, therefore, no useful purpose would be served by sending them behind the bars so as to enable them to come out of jail within few days.
4. For what has been discussed above, false implication of Sajjad Kashif and Hamza Kashif petitioners by the complainant cannot be ruled out of consideration, hence, Criminal Miscellaneous No.126970-B of 2017, filed by Sajjad Kashif and Hamza Kashif petitioners is allowed and the ad interim pre-arrest bail already granted to them is hereby confirmed subject to furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) each with one surety in the like amount to the satisfaction of learned trial Court.
5. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.