MUHAMMAD NAZIR vs THE STATE

ORDER

' IJAZ AHMAD CHAUDHRY, J.--- Through this application under section 498, Cr.P.C. Muhammad Nazir, petitioner seeks pre-arrest bail in a case F.I.R. No,1013 of 2006, dated 9-12-2006, registered under sections 420, 468, 471, P.P.C. At Police Station Islampura, Lahore on the application of Akhtar Javed, the complainant.

2. The brief allegation against the petitioner is that he got prepared a bogus birth certificate of his son Ijaz Nazir alias Malik Ahtzaz alias Sahib, who is an accused in a murder case, to show him minor with the assistance ofco-accused, who are Government employees in different departments as narrated in the F.I.R. Of this case.

3. The learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely involved in the present case due to previous enmity; that the alleged forged certificate according to the Principal of Asim Shaheen High School Awan Market, Lahore, had been issued as per record of the school concerned; that according to the ossification test the age of the petitioner was less than 17 years at the time of incident; that according to the school leaving certificate, Ijaz Nazir son of the petitioner was born on 10-5-1993 and even as per entry in the B-Form of NADRA, he was less than 18 years of age; that the petitioner had not prepared any forged document, but the birth certificate was issued by the co-accused, as per authentic official record; that the alleged co- accused who had issued the school leaving certificate and the alleged forged birth certificate have already been granted pre-arrest bail by the learned trial Court and the petitioner had gained no undue advantage by the use of the said birth certificate, which has not so far been declared forged and fictitious by any Court of competent jurisdiction; that sending of the petitioner to jail will humiliate him and the petitioner has been falsely involved in this case only to restrain him from pursuing the case of his real son, who is involved in the murder case of son-in-law of the complainant.

4. The learned counsel for the complainant' has opposed this bai petition on the ground that the petitioner was arrested by the police after dismissal of his bail before arrest by the learned Special Judge, Anti-Corruption, Lahore, but he was got rescued by his Advocate and a case F.I.R. No,292 of 2007 has also been registered against the said culprits under sections 223/186, P.P.C. On 7-6-2007 at Police Station Lytton Road, Lahore; that according to the entry in "B-Form" of NADRA, Ijaz Nazir, son of the petitioner was born on 22-12-1989, while the birth certificate was got prepared by the petitioner subsequently, while showing the date of birth of his son as 10-51993 to gain advantage in the murder case and for declaring him as juvenile; that the petitioner is a criminal history sheeter being involved in 7/8 other cases and he is not entitled to the extraordinary concession of pre- arrest bail.

5.. I have heard the arguments advanced by the learned counsel for the parties and perused the record with due care and caution.

6. There is previous enmity between the petitioner and the complainant, as son of the petitioner is involved in the murder case of son-in-law of the complainant. The petitioner is alleged to have prepared a bogus birth certificate of his son to bring him within the domain of the Juvenile Justice System. Ordinance, 2000, wherein his date of birth has been recorded as 10-5-1993 whereas in the B-Form of NADRA his date of birth wac mentioned as 22-12-1989. The complainant claims that bogus entry was got incorporated by the petitioner in connivance of the co-accused, who are principal of the school and the Secretary Union Council. Both bf them made statements before the police that they had issued the school leaving certificate and the birth certificate according to the entries made in the relevant registers. Admittedly, none of the said certificates has been declared bogus by any Court of competent jurisdiction. The prosecution has failed to show that as to what benefit has been derived by the petitioner by getting prepared the forged birth certificate as even according to the entry in the B-Form of NADRA, he was less than 18 years of age and the learned counsel for the petitioner has also pointed that even the Medical Board declared the son of the petitioner between 16 to 17 years. Even otherwise the co-accused, who admittedly prepared/issued the alleged forged documents have already been granted pre-arrest bail and case of the petitioner is even on better footing than the said co-accused. Nothing is to be recovered from the petitioner and possibility of his false implication in the present case by the complainant to pressurize and restrain him from pursuing the case of his son cannot be ruled out., For the time being, there is no sufficient evidence to prima facie connect the petitioner with the alleged crime, who has succeeded in making out a case of further inquiry. Mere involvement in other criminal cases of different nature cannot be a ground for denying such relief to the petitioner as the prosecution has to stand on its own legs and the previous character of the accused cannot be used for the benefit of the prosecution, if it fails to prima facie connect him with the alleged crime in the particular case.

' For the foregoing reason, the instant bail petition is accepted and ad interim pre-arrest bail already granted to the petitioner by this Court vide order, dated 15-6-2007, is hereby confirmed subject to furnishing bail bonds in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of the learned Illaqa/Judicial Magistrate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.