Muhammad Tariq, petitioner has sought post-arrest bail in case registered vide F.I.R. No.8/2016 dated 19.10.2016, under Sections 420, 467, 468, 471, P.P.C. read with Section 5(2) of the Prevention of Corruption Act, 1947,. at Police Station Anti-Corruption, Layyah.
2. Allegedly , the petitioner along-with his co-accused committed forgery and caused huge loss to the public exchequer .
3. Heard. Record perused.
4. A review of the record demonstrates that no date and time of occurrence find mentioned in the F.I.R. The occurrence, however , took place in the year 2014 and the incident was reported on 19.10.2016. The record divulged that consequent to the alleged forgery one Faiz was allotted 48 Kanals of land, who, allegedly , transferred 16 Kanals of land to the petitioner . The Investigation Officer present with record apprised that said Faiz was a senior citizen, neither challaned nor arrested, thus, culpability of the petitioner needs serious consideration. The mode and manner of fraud allegedly committed by the petitioner cannot be gathered from the available material.
The petitioner has got no previous record and, thus, would be believed as first offender . He is in jail since his arrest and his long incarceration would not serve any purpose to the prosecution, in particular , when the investigation is complete. The trial also has not witnessed any progress. Nobody can be detained in jail by way of advance punishment and speedy trial is the right of the accused. The case of the petitioner , in the circumstances, needs thorough probe within the meaning of Section 497(2), Cr.P.C, thus, I am inclined to exercise my discretion in favour of the petitioner .
4. In view of the above, the application is accepted and the petitioner is admitted to 'post--arrest bail subject to his furnishing bail bonds in the sum of Rs.2. 00,000/- with one surety in the like amou nt to the satisfaction of learned trial Court/ duty judge.