The petitioner namely Tauqeer Nasir seeks his post arrest bail ,in case FIR No. 117 of 2019 dated 12.02.2019, registered at Police Station Multan Cantt. District Multan in respect of offences under Sections 170,171, 420,468 and 471 PPC.
2. The allegation as against the petitioner , as culled from the evidentiary material available before the Court, is that he was impersonating as a Doctor of medicine at Nishtar Hospital Multan.
3. Arguments heard. Record perused.
4. It has been observed that the petitioner is behind the bars since his arrest on 12.02.2019. The card representing the petitioner as a Doctor of medicine at Nishtar Hospital Multan was not sent to any laboratory for its analysis.
Besides, no exceptional circumstances appear in this case to withhold bail to the petitioner . The investigation has been finalized, as such, further detention of the accused person in this case at this stage would not serve any fruitful purpose. Admittedly , the petitioner is a previous non-convict. The trial has not seen any fruitful progress as yet. Undeniably , case of the prosecution is entirely based upon the documentary evidence and relevant record has already been collected and seized by Investigating Officer and same is in the custody of the prosecution, hence, there is no apprehension of tampering with prosecution evidence. Even otherwise, the offences under Sections 170 , 171, 420 and 471, P.P.C. are bailable in nature as per Schedule II of Code of Criminal Procedure Code 1898 while offence under Section 468, P.P.C. does not fall within the parameters of restraining clause of Section 497(1), Code of Criminal Procedure Code 1898. It is settled that while dealing with the question of bail, Court, should consider the minimum aspect of the sentence provided for the alleged offence in the schedule. In this respect, I am supported with the case of "Tariq Bashir and 5 others v.The State " reported as PLD 1995 SC 34, wherein it has been mentioned that Section 497, Cr.P.C. divided non-bailable offences into two categories (1) offences punishable with death, imprisonment of life or imprisonment for ten years (2) offences punishable for imprisonment of less than ten years, the principle to be deduced from this provision of law is that non-bailab le offences 'falling in the second category (punishable with imprisonment for less than ten years) the grant of bail is a rule and refusal an exception.
So the bail will be declined. Only in extraordinary and exceptional cases, for example:--
(a) Whether there is likelihood of abscondence of the accused;
(b) Where there is apprehension of the accused tampering with the prosecution evidence;
(c) Where that is danger of the of fence being repeated if the accused is released on bail; and
(d) Where the accused is a previous convict.
This principle has also been reiterated in the case of "Zafar lqbal v. Muhammad Anwar and others " (2009 SCMR 1488 ), Riaz Jafar Natiq v. Muhammad Nadeem Dar and others (2011 SCMR 1708 ). Learned Deputy Prosecutor General has submitted that the petitioner is not involved in any other case of similar nature...
5. For the foregoing reasons the petition in hand is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.500,000/- (Rupees five hundred thousand Only) with one surety in the like amount to the satisfaction of learned trial Court.
6. Needless to mention that any observation made in the above order are tentative in nature and shall not influence the trial Court.