' A case under section 420/468/471, P.P.C. Was registered against the petitioner and others at Police Station. Iqbal Town, Lahore vide F.I.R. No,328 of 1998, dated 26-7-1998 on the ground that he along with his co-accused cheated the complainant. The brief facts are that the petitioner along with his co-accused namely Mumtaz Khan, Advocate and Lal Khan showed a plot measuring 16 Marlas to the complainant situated in Allama Iqbal Town, Lahore and received approximately Rs,266,000 from him. They also gave an understanding to the complainant that the allotment of the plot was to be made by Ch. Muhammad Jamil, Civil Judge whose cause list was shown to the complainant, wherein, his name was listed in a case. Later on, it transpired that a fictitious record of some case was prepared and the name of the complainant in that case was shown in the cause list in order to perpetuate fraud and to receive the above said amount fraudulently. Later on, an enquiry was held against one of the accused Rana Mumtaz, Advocate by the Punjab Bar Council in which it was found that the aforesaid person was not even an Advocate and was impersonating as such.
2. The petitioner applied for pre-arrest bail which was dismissed by Ch. Muhammad Riaz, learned Additional Sessions Judge, Lahore vide his detailed order, dated 10-10-1998. The petitioner instead of surrendering before the police managed to escape and filed the present petition for pre-arrest bail in this Court on 14-10-1998. It was contended in the petition that the petitioner had nothing to do with the cheating or fabrication of any Court record and that he has been falsely implicated in the case.
3. Learned counsel for the complainant has, however, submitted that the petitioner being an A.S.-I.
In the Police Department trapped the complainant by holding a false promise that a plot would be allotted to him. The bail petition was opposed on the ground that the petitioner is a member of a gang perpetuating such types of frauds upon different persons. The petitioner allegedly never joined the investigation nor did he surrender to the police after his pre-arrest bail was dismissed by the learned Additional Sessions Judge as aforesaid. He has been found guilty during the police investigation but is avoiding his arrest to defeat the ends of justice.
4. I have heard learned counsel for the parties and also the learned counsel for the State on the points raised above. The petitioner is named in the F.I.R. And a specific role is attributed to him for cheating the complainant and also for fabricating some Court record in order to commit the fraud upon the complainant and to deprive him of heavy amount. He was also joined by his co-accused who were also stated to be at large.
5. The foregoing facts do not reveal any mala fide on the part of the police, rather an impression is gained that the police is also in league with him as it had failed to arrest him after the dismissal of his pre-arrest bail. In such a situation, the petitioner is not entitled to pre-arrest bail particularly when there is an allegation that he did not join the investigation and the recovery of the disputed amount and the forged documents is yet to be effected. The investigation in such-like cases should be allowed to take its usual course. The petition is accordingly dismissed.
6. It was directed in the order dated 14-10-98 during the hearing of this petition that the petitioner shall not be arrested in this case. The aforesaid order is withdrawn. The petitioner may be taken into custody by the police concerned.