Ch. Muhammad Qayyum, petitioner seeks pre-arrest bail in case F.I.R No, 137/2017 dated 4.4.2017, under Sections 420, 468, 471, P.P.C., registered at. Police Station City Sammundri, Faisalabad.
2. The allegation against the petitioner is that he abetted his co-accused, who tendered a forged document during trial of a civil suit.
3. At this stage, it may be mentioned that on 25.07.2017, Ch. Gohar Qayyum, Petitioner No, 1 failed to appear and bail application to his extent was dismissed.
4. After hearing the learned counsel for the parties and perusing the record, it was noticed that there was unexplained delay of more than 15 months in lodging the F.I.R . No time of occurrence finds mention in the crime report. The offences do not fall under the prohibitory clause of Section 497, Cr.P.C. There was no evidence available on the file to show the element of abetment or conspiracy to link the petitioner with this case. The co-accused of the petitioner was his father. The possibility of throwing a wider net cannot be ruled out. In a recent judgment, the apex Court observed that at pre-arrest bail stage, it was difficult for the accused to prove the element of mala fide through positive/solid evidence/material, therefore, the same was to be deduced and inferred from the facts and circumstances of the case and that where events or hints, to such effect are available, same would validly constitute the element of mala fide. Ref: "Khalil Ahmed Soomro v. The State" (PLD 2017 SC 730). The petitioner has joined the investigation and there was no allegation of the misuse of ad interim pre-arrest bail against the petitioner.
5. For the reasons mentioned above, the application is accepted and ad-interim pre-arrest bail earlier granted to the petitioner, namely, Ch Muhammad Qayyum is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs,1,00,000/- with one surety in the like amount to the