Through this petition under Section 498, Cr.P.C. Syed Tanseer Ali Zaidi and Badar Muneer Kiani petitioners have sought, pre-arrest bail in case FIR No. 212/2015, dated 16.10.2015 registered at Police Station Civil Lines Jhelum in respect of of fences under Sections 419, 420, 468, 471, 109, PPC.
2. I have heard the learned counsel for the parties and have gone through the record with their able assistance.
This is pre-arrest and deeper appreciation is not allowed at this stage. The allegation against the petitioners is that they are running a housing scheme on the basis of forged "No Objection Certificate" of Tehsil Municipal Administration Jhelum, but Tehsil Municipal Officer has not issued any such certificate in their favour . It has been noticed by this Court that although the petitioners are named in FIR, yet the fact remains that from the contents of FIR, only the allegation of fraud and using forged document has been leveled against them and the FIR of the instant case does not contain any allegation regarding impersonation or preparing forged document against them, so the attraction of offences under Sections 419 and 468 PPC to their extent shall be decided by the learned trial Court at an appropriate stage. As far as offences under Sections 420 and 471, PPC are concerned, the same are bailable in nature. It has come on the surface of record during the course of investigation that the alleged forged document was prepared by co-accused Amir Ghafoor Inspector , Tehsil Municipal Administration Jhelum, but said Amir Ghafoor co-accused has not so far been joined by the investigating officer with the investigation of this case.
Admittedly the petitioners are previous non-convict and never involved in any other case of such like nature. They have already joined the, investigation and their person is not required to the investigating officer for the purpose of effecting recovery , therefore, no useful purpose would be served by sending them behind the bars. I may observe here that an ultimate conviction and incarceration of guilty persons can repair the wrong caused by a mistaken relief of interim bail granted to them but no satisfactory reprisal can be offered' to innocent persons for their unjustified incarceration at any stage of I case if they are acquitted in the long run.
3. For what has been discussed above, the petitioners have made out a case for grant of pre-arrest bail in their favour . Resultantly , this petition is allowed and the ad-interim pre-arrest bail already granted to the petitioners vide this Court's order dated 11.2.2016 is hereby confirmed subject to furnishing bail bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) each with one surety in the like amount to the satisfaction of learned trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.