PLJ 2023 Cr.C. (Note) 204
[Lahore High Court, Multan Bench]
Present: Sadiq Mahmud Khurram, J.
MUHAMMAD ANWAR--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 2123-B of 2023, decided on 10.5.2023.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 420/468/471--No PFSA report--No prohibitory clause--Post arrest bail--grant of--The allegations as against the petitioner are that he prepared a fake medical invalidation certificate and used the same to obtain early retirement from Government Service--Investigating Officer of the case, submits that the Medical Invalidation Certificate had not been sent to the PFSA for analysis and determination as to whether the said Medical Invalidation Certificate had indeed been prepared and forged by the petitioner--Offences under Sections 420 and 471, P.P.C, are bailable in nature while offence under Section 468, P.P.C does not fall within the parameters of restraining clause--The grant of bail is a rule and refusal an exception--The investigation qua him is complete and his person is no more required for further investigation--Petitioner is admitted to post-arrest bail.
[Para 4] A, B, C, D & E
PLD 1995 SC 34; 2009 SCMR 1488; 2011 SCMR 1708;
PLD 1997 SC 545 ref.
Khawaja Qaisar Butt, Advocate for Petitioner.
Mr. Sadiq Rehman, Additional Prosecutor General for State.
Date of hearing: 10.5.2023.
Order
Through this petition filed under Section 497, Cr.P.C. the petitioner namely Muhammad Anwar seeks post-arrest bail in the case F.I.R No. 251 of 2022, dated 22.11.2022, registered in respect of offences under Sections 420, 468 and 471, P.P.C. at the Police Station Civil Lines, District Sahiwal.
2. The allegations as against the petitioner namely Muhammad Anwar, called from the evidentiary material produced before the Court are that he prepared a fake Medical Invalidation Certificate and used the same to obtain early retirement from Government Service on 04.12.2020.
3. I have heard the learned counsel for the petitioner, the learned Additional Prosecutor General and have gone through the record of this case with their able assistance.
4. This is a bail after arrest and only a tentative assessment is permissible at this stage. Though the allegations as against the petitioner namely Muhammad Anwar are that he prepared, a fake Medical Invalidation Certificate and used the same to obtain early retirement from Government Service on 04.12.2020, however, the Investigating Officer of the case, submits that the Medical Invalidation Certificate had not been sent to the Punjab Forensic Science Agency, Lahore for analysis and determination as to whether the said Medical Invalidation Certificate had indeed been prepared and forged by the petitioner. Moreover, the question as to whether the Medical Invalidation Certificate is fake and if it is, then who had prepared the fake Medical Invalidation Certificate needs to be determined by the learned trial Court, however, at present, the same cannot be settled. This Court is restraining itself from making any observation with regard, to the genuineness or otherwise of the Medical Invalidation Certificate lest its prejudice the case of any party. Even otherwise, the offences under Sections 420 and 471, P.P.C. are bailable in nature as per Schedule II of Code of Criminal Procedure Code 1898 while offence under Section 468, P.P.C. does not fall within the parameters of restraining clause of Section 497(1), Code of Criminal Procedure Code 1898. Grant of bail is a right and refusal is an exception in such like cases. In this respect, I am supported with the case of “Tariq Bashir and 5 others v. The State” reported as (PLD 1995 SC 34), wherein it has been mentioned that Section 497, Cr.P.C. divided non-bailable offences into two categories (1) offences punishable with death, imprisonment of life or imprisonment for ten years (2) offences punishable for imprisonment of less than ten years, the principle to be deduced from this provision of law is that non-bailable offences falling in the second category (punishable with imprisonment for less than ten years) the grant of bail is a rule and refusal an exception. So the bail will be declined only in extraordinary and exceptional cases, for example:--
(a) Whether there is likelihood of abscondence of the accused;
(b) Where there is apprehension of the accused tampering with the prosecution evidence;
(c) Where that is danger of the offence being repeated if the accused is released on bail; and
(d) Where the accused is a previous convict.
This principle has also been reiterated in the case of Zafar Iqbal v. Muhammad Anwar and others” (2009 SCMR 1488), Riaz Jafar Natiq v. Muhammad Nadeem Dar and others (2011 SCMR 1708).The august Supreme Court of Pakistan, in the case of “Imtiaz Ahmad & another vs. The State” (PLD 1997 SC Page 545), has held as under:
“Even in cases where a person is accused of non-bailable offence and the case does not fall within the prohibitory clause, meaning thereby that the punishment prescribed for the offence is neither death nor imprisonment for life or 10 years, the grant of bail in such cases is a rule and refusal an exception.”
The prosecution is not equipped with any evidentiary material to bring the case of the present petitioner within the exceptions for refusing grant of bail to the petitioner. The petitioner is a previous non-convict. During the investigation of the case, the petitioner was arrested on 08.03.2023 and is since in custody. The investigation qua him is complete and his person is no more required for further investigation, therefore, his continued incarceration would not serve any beneficial purpose at this stage.
5. For the foregoing reasons, the petition in hand is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- (rupees fifty thousand only) with two sureties, each in the like amount, to the satisfaction of the learned trial court.
6. It is clarified that the observations enumerated are absolutely tentative in nature and restricted only to the extent of this particular petition, having no nexus and relevance with the trial, which shall be concluded quite independently and purely on merit.
(A.A.K.) Bail accepted
0 Comments