RAJA AFRASIAB KHAN, J.--The Petitioner Sikandar Ali Khan, and Rifat Ali Khan moved this petition under section 497/498 Cr.P.C, in a case registered against them under section 419/109/468/471 PPC at Police Station Sargodha Road, Faisalabad vide F.I.R. No.190 dated 4.5.1988.
2. The allegation is that the petitioners produced a fictious woman before the Arbitration Council and thereafter got recorded her false statement whereby petitioner No.1 was given permission to contact second marriage. On the basis of this bogus permission obtained by the petitioner by committing fraud and misrepresentation, he was able to contact second marriage. Accordingly, the above-referred case was registered against him on the statement of Mst.Muqarrab Begum, his first wife.
3. The learnd counsel submits that firstly a case under section 419/109 PPC was registered and later on offences under sections 468/471 PPC were added in the challan. Learned counsel forcefully submitted that the petitioners were allowed bail by the learned Sessions Judge on 22.12.1988 regarding the offences allegedly committed by them under sections 468/471 PPC. On this basis he states that maximum sentence in the above offences is seven years R.I. And on the strength of this he states that they should have also been allowed bail under section 419/109 PPC wherein similar is the maximum sentence. The learned counsel submits that this is a case of further enquiry inasmuch as there is no evidence at all to connect the petitioners with the commission of the crime. The learned State counsel has half-heartedly opposed the grant of bail to the petitioners. He submits that serious offence has been committed by the petitioners.
4. I have heard the learned counsel for the parties and have perused the record. It has been brought to my notice that the petitioners were admitted to bail under section 468/471 PPC by the learned Sessions Judge on 22.12.1988 and'that they should have also been released on bail under sections 419/109 PPC. However, vide order of the learned Sessions Judge dated 15.12.1988 the bail of the petitioners was cancelled. In my view, there was no justification whatsoever with the learned Sessions Judge not to allow bail to the petitioners under sections 419/109 PPC especially when he had allowed bail to them under section 468/471 PPC vide the same order. In both the set of offences similar amount of sentence is to be awarded for the commission of the offence. This being so, exercise of discretion by the learned Sessions Judge in not allowing bail to the petitioners under sections 419/109 PPC was not proper and fair. In my view, this is a case of further enquiry. The petitioners are, therefore, admitted to bail in the sum of Rs.50,000/- (Rupees fifty thousand) each with two surities each in the like amount to the satisfaction of the A.C. Faisalabad. The trial court is directed to conclude trial of the petitioners within three months from the date of the submission of the challan.