' The petitioner seeks post-arrest bail in case F.I.R. No,440 of 2000 registered under sections 419, 420, 170, 171, P.P.C. At' Police Station City, Khanpur.
2. Briefly stated the prosecution story according to the F.I.R. Is that the complainant received information that Arshad Javed alongwith other co-accused Muhammad Arshad son of Nazir Ahmad, Muhammad Ashgar, Niaz Ahmad, Abdul Shakoor and Dr. Abdul Hameed were running a fake military monitoring cell and issued forged orders in the names of the military officers.
3. The learned counsel for the petitioner contended that offence under sections 170, 171, 420, P.P.C. Is bailable and offence under section 419, P.P.C. Is not made out against the petitioner from the contents of the F.I.R. He further contended that the offences alleged against the petitioner do not fall within the prohibitory clause of section 497, Cr.P.C. And that the petitioner is behind the bars for the last about four years.
4. On the other hand, the learned State Counsel vehemently opposed the grant of bail to the petitioner contending that the petitioner is nominated in the F.I.R. And during the investigation, he was found guilty and that the challan against the petitioner has been submitted in the Court.
5. I have heard the arguments of the learned counsel for the parties and perused the record. It is admitted position that the offences mentioned in the F.I.R. Are not punishable with death, imprisonment for life and ten years, therefore, not covered within the ambit of section 497, Cr.P.C.
And it is settled proposition of law that in such-like cases grant of bail is a rule and refusal is an exception. The guilt of the petitioner is yet to be determined by the trial Court after recording of evidence. The case of the petitioner is one of further inquiry. The petitioner is behind the bars since 18-11-2000 and no more required for further investigation. The challan of the case has been sent to the Court.
6. In view of the above discussion, and without prejudicing the merits of case, this petition is accepted and the petitioner is admitted to bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.