' This is a petition under section 497(5), Cr.P.C. By Muhammad Feroze Khan, petitioner, for the cancellation of pre-arrest bail granted to Ch. Wahid Ahmad, respondent, by an Additional Sessions Judge of Sargodha on 16-10-1984.
2. The brief facts of the case are that Allah Yar etc., had filed a pre-emption suit on 23-12-1979 against Muhammad Feroze, Muhammad Ramzan, Muhammad Akhtar and Ghulam Jaafar in the Court of the Senior Civil Judge, Sargodha, in respect of some agricultural land. The same was decreed in favour of Allah Yar etc., plaintiffs, on 23-9-1980, subject to deposit of the consideration of Rupees one lac six thousand by them in Court. The plaintiffs deposited the decretal amount less Zar-e-Panjam which they had already deposited earlier. On 4-5-1983, four persons posing themselves to be Muhammad Feroze, Muhammad Ramzan, Muhammad Akhtar and Ghulam Jaafar, vendees/judgment debtors, moved an application through Ch. Wahid Ahmad, Advocate the present respondent, for the withdrawal of the decretal amount from the civil Court. The said Advocate identified the four persons who posed as vendees/judgment debtors before Mr. Rashid, Civil Nazar, Sargodha, at the time of issue of the refund voucher to them. The said Advocate A also attested an affidavit of Muhammad Ramzan, vendee/judgment debtor, who had deposed therein that his identity card was not available at that moment, as the same had been sent to Islamabad in connection with the acquisition of a passport. It appears that the four persons posing as the vendee/judgment debtors were identified by Mr. Zia Ullah, Manager, Habib Bank, Satellite Town, Sargodha, when their signatures were verified before the Treasury Officer, Sargodha. From the account opening form, it appears that one Khawaja Khalid Sultan also identified these four impersonators, when they opened their bank account with the Habib Bank, Satellite Town, Sargodha.
3. I have heard the arguments of the learned counsel for the petitioner, the complainant and the State and have also perused the record. It is true, on principle, that the Sessions Judge should not have admitted Ch. Wahid Ahmed, Advocate, respondent, to interim bail, but it appears that since then much water has flown underneath the bridge and the respondent in his defence also captured and produced before the Investigating Officer one Aslam Nawaz son of Muhammad Nawaz, caste Sheikh, resident of House No, 1, College Road, Sargodha, who had posed before him as Muhammad Ramzan, vendee/judgment debtor. It is the case of the respondent that after he happened to identify and capture the said Aslam Nawaz, he produced him before Khan Amir A .S.I., who was investigating the case, before whom the said impersonator was also identified by three responsible Advocates of Sargodha, but instead of having the said impersonator identified also by Mr. Rashid, Civil Nazar, Mr. Zia Ullah, Manager, Habib Bank Limited, Khawaja Khalid Sultan and the Treasury Officer, the said person was let off after some specimen signatures of his were taken and sent to the Forensic Science Laboratory, from where no result has yet been received nor any attempt made on the part of the Investigating Officer to secure the same. It is the case of the respondent that Muhammad Feroze, one of the four impersonators, who had posed himself as vendee/ judgment debtor before him, had earlier given him a false case of Restitution of Conjugal Rights to do, in order to win his confidence and that he was led up the garden path by this impersonator. Taking all circumstances into consideration, I would not like to interfere at this stage and, therefore, dismiss this petition.
4.A copy of this order shall be sent to the Inspector-General of Police, Punjab, Lahore, so that his attention may be drawn to the slip shod manner in which this case has been investigated all along and to show how one of the impersonators, who was actually caught and produced before the Police, was let off by the Investigating Officer without having him identified by Mr. Rashid, Civil Nazar, Mr. Zia Ullah, Manager, Habib Bank Ltd., Kh. Khalid Sultan or by the Treasury Officer, before whom he, with the others, had appeared to fraudulently secure the decretal amount. The Inspector-General of Police, Punjab, is hereby directed to ensure that the case is investigated in a more serious way than what is being done presently and that the Superintendent of Police, Sargodha, keeps himself properly posted each week with the investigation that is conducted.