ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No,359/17 dated 18.03.2017 under sections 420, 468, 471, P.P.C., Police Station Harbance Pura, District Lahore.
2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is required at this stage. It has been noticed by this Court that there is a delay of almost eight months in registration of FIR which has not been explained by the complainant, which prima facie shows that the FIR has been got registered after due deliberation and consultation. There is no allegation of preparing forged document against the petitioner and the only allegation against him is that he was a broker and he arranged meeting of the complainant with co-accused Shaukat Ali, etc. who have allegedly received the amount of Rs,10.00,000/- from the complainant. Even otherwise, the offences under sections 420 and 471, P.P.C. are bailable in nature, while section 468, P.P.C. does not fall within the prohibitory clause of section 497, Cr.P.C. Admittedly the petitioner is previous non-convict. He is behind the bars since 10.09.2017 but his trial has not seen any fruitful progress as yet. Investigation of the case is complete and the petitioner is no more required for the purpose of further investigation, therefore, his further incarceration in jail would not serve any useful purpose. In such like cases grant of bail is a rule, while its refusal is an exception. In this regard, reliance can be placed on PLD 1995 SC 34.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to furnishing bail bond in the sum of Rs,100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial court.
4. The observations made -above are tentative in nature and are strictly confined to the decision of this bail petition only.