Brief facts of the case are that on the application of Mst. Sarosha Khan resident of House No. 157/E- 7, Street No. 15, Islamabad, a case F. I. R. No. 247, dated 20-10-1991 was registered at Police Station Margalla, Islamabad under section 379/411, P.P.C. Read with section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
2. According to the contents of the application/F.I.R. The complainant was owner of Car No.IDC- 6667 (details are given in the F.I.R.). She stated that she went to PIMS, Islamabad for medical check-up of her mother. She parked her car in the parking area and went inside the P.I.M.S. After 1/2 hour when she came back her car was not present in the parking area. Thus, she reported the matter to the police.
3. After registration of the case, the car was recovered. There are three accused in this case namely Mushtaq, Aqeel and the present petitioner Maqbool Hussain. According to the police version Mushtaq co-accused is a witness of the receipt, on that basis the car was further transferred. On that receipt the signatures of the present petitioner were found. A report to that effect, of the handwriting expert has been obtained.
4. Learned counsel for the petitioner seeks bail for the petitioner on the ground that the other co- accused have already been granted bail; that the case of Mushtaq co-accused is an identical with the case of the present petitioner, while Aqeel co-accused is the person who prepared the key for committing theft of the vehicle.
5. On the other hand, learned counsel for the State has opposed the bail petition. He has stated that the offence also fall under section 467, P.P.C. Because a receipt has been executed falsely by the petitioner. He is the principal accused. As this car was got registered in fake manner bearing No. AJKB-8801 and then it was also got registered at Lahore vide No.LHO-3238. The investigating officer, present before the Court is of the view that the present 'petitioner is a principal accused of this case.
6. Arguments heard and record perused. Undoubtedly, the report of the handwriting expert is against the present petitioner. Quite active role has been attributed to him regarding which sufficient evidence has been collected during investigation. Forged documents were prepared by misrepresentations for the fake registration of the vehicle at Azad Jammu and Kashmir and also at Lahore. The section 467, P.P.C. Is also attracted in the matter which falls under the prohibitory clause. The evidence so far collected by the police during investigation the accused is prima facie connected with the crime. Car lifting/theft offence has become routine matter in our society which is to be stopped by law and with iron hands because curbing of such-like offences is dire need of our society.
7. In view of the above discussion, the bail petition is dismissed.
However, the observations made in this order shall not affect the merits of the case at the time of its trial.