MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 23.08.2019, whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No. 02 dated 17.06.2019, offence under sections 419, 420, 468, 409, P.P.C. and section 5(2) of the Prevention of Corruption Act, registered. at Police Station ACE Haripur .
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that crux of prosecution case again st the petitioner is that he prepared some forged documents containing fake signatures of Deputy Commissioner , Haripur and handed over the same to co-accused Kamran Nazakat, who is the beneficiary of the alleged transaction. During the course of hearing, it has repeatedly been asked from the learned counsel appearing on behalf of State as well as the investigating officer present with record as to whether any expert opinion has been sought qua the fake and forged signatures of Deput y Commissioner , Haripur on the disputed papers, but the answer is in the negative. The investigating officer present with record further confirms that alleged beneficiary Kamran Nazakat (co-accused of the petitioner) has already been allowed bail by the learned High Court, which order , accordin g to him, has not been assailed so far. Petitioner is behind the bars since 17.07.2019. In the circumstances, case against him calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellant Khalid Mehmood is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.
200,000/- (T wo hundred thousand) with one surety in the like amount, to the satisfaction of the trial court.