JUDGMENT S.M. ZUBAIR, J.- The petitioner, who is involved in a case under sections 161/419/420/467/468/471 PPC read with section 5(2)47 of the Prevention of Corruption Act, arising out of the FIR No. 80/94 dated 2.5.1994 registered at Police Station, Nasserabad District Lahore, seeks to be admitted to pre-arrest bail.
2. Vide order of this Court dated 10.8.1994, the petitioner was admitted to ad-interim pre-arrest bail.
Today, the case is fixed for confirmation or otherwise of the aforesaid interim bail.
3. As per FIR, it is alleged that Zaka Ullah Virk and others have made a fake examination centre in Bungalow No. 59-J, Gulberg-III, Lahore, the petitioner is also present there and by using unfair means, the accused are solving physics paper 'B' part-U. They have got in their possession question papers and answer sheets wherein on a raid was conducted. The petitioner along with others are set to have fled away from the spot. They left a motorcycle there which was taken into possession. The police took into possession incriminating articles from the said centre.
4. Learned counsel for the petitioner contended that the petitioner is a Law Graduate and has been involved in this case due to political rivalry at the behest of the local MPA. No offence as mentioned in the FIR is made out from the facts and the material so for collected by the police. The petitioner is a chronic patient of renal colic, The diary allegedly recovered from the petitioner on the basis of which report was procured from the hand-writing expert has been planted on the petitioner latron, because perusal of the FIR shows that this diary was not taken into possession at the time of the raid. The incriminating articles were taken into possession at the relevant time are mentioned in detail in the FIR itself. Hence the petitioner's ad-interim bail be confirmed.
5. Learned Law Officer assisted by the police officer has resisted this bail application on the ground that the petitioner is required for further investigation and after the report of hand writing expert dated 23.8.1994, it is apparent that the diary which was recovered from the petitioner and the numbers given therein are in the hand-writing of the petitioner which prima facie connects him with the crime. He also submitted that 23 students were arrested from the fake examination centre and answer books and question papers were recovered. After interrogation of the Board employees, the prosecution has collected sufficient material to connect the petitioner with the crime and that the case of the petitioner was not covered by the dictum of their Lordships of the Supreme Court in PLD 1983 S.C.82.
6. I have heard the learned counsel for the parties and have perused the record.
Admittedly the report of hand-writing expert, referred to above is against the petitioner. The perusal of the report shows that the questioned english writing marked as 'A2' and urdu writing marked as A-3 & A-4 except A-1 bear identical characteristics with the specimen writing of the petitioner. The statements of the Other co-accused and recovery of answer books as well the involvement of the employees of the Secondary Board prima facie connect the petitioner with the crime. If pre-arrest bail of the petitioner is confirmed, then it is likely to hamper the investigation of the case. In these circumstances, I do not think, it is a fit case for confirmation of pre-arrest bail, hence while dismissing this petition, I recall my order dated 10.8.1994 whereby the petitioner was allowed to ad-interim pre-arrest bail.