Through instant petition, petitioners Rana Farmaish Ali and Muhammad Tayyab have sought the relief of pre-arrest bail in case FIR No. 427, dated 03.08.2016 in respect of an offence under Section 420, PPC registered at. Police Station Chehlyak, Multan.
2. The allegation against the petitioners as contained in the crime report is that on 01.07.2016 they along-with seven nominated and 40/45 unknown accused persons while making an unlawful assembly entered into the land of the complainant in order to take forcible possession, when the complainant came to know that an agreement of mastajri had been prepared by the accused persons on stamp paper Bearing No. 9859 dated 15.12.2014 in their favour in connivance of one Shahid Iqbal Thaheem, stamp vendor. Hence, this case was registered.
3. I have heard the learned counsel for the petitioners as well as learned Deputy Prosecutor General appearing for the State assisted by learned counsel for the complainant and have perused the record.
4. At the very outset learned counsel for the petitioners submits that the investigation of the case has been conducted by the officials of Regional Investigation Branch wherein offences under Sections 468 & 471, PPC have been deleted vide Diary No. 28 dated 03.04.2017. The only existing offence under Section 420, PPC is bailable, however, it is pointed out by the learned Law Officer that the investigation has been changed and the file has been handed over to Anti-Corruption Establishment because one of the co-accused Shahid Iqbal Thaheem was a public servant, though he has been declared innocent yet the investigation has not been concluded by the officers of Anti-Corruption. Establishment.
5. Since. Sections 468 & 471, PPC have been deleted and the offence under Section 420, PPC is bailable and, thus, no discretion lies with the Court to be exercised in the offences shown to be bailable in second schedule mentioned in the Code of Criminal Procedure.
6. For the foregoing reasons, this petition is allowed and ad- interim pre-arrest bail already granted to the petitioners is hereby confirmed subject to their furnishing bail bonds in the sum of Rs. 1,00,000/- (rupees one lac) each with one surety each in the like amount to the satisfaction of the trial Court.