JAVED SADIQ vs STATE and another

ORDER

Though this petition under Section 498, Cr.P.C. Javed Sadiq petitioner has sought bail before arrest in case FIR No, 333 registered at Police Station City Arifwala, District Pakpattan Sharif on 05.06.2011 in respect of offences under Sections 337-A(ii)/337-F(i)/337-F(iii)/337L(2)/34, PPC.

2. After hearing the learned counsel for the parties at great length and going through the record of this case with their assistance it has been noticed by me that there is a delay of three days in lodging the FIR which prima facie shows that the same has been registered after due consultation and deliberation. The offences alleged in the FIR do not fall within the prohibitory clause contained in sub-section (1) of Section 497, Cr.P.C. The petitioner has already challenged MLR which process is still going on and no outcome has yet come on surface. It is also significant to point out here that before lodging the instant case the petitioner was also involved into two other criminal cases out of which case FIR No, 307 in respect of an offence under Section 381, PPC was cancelled on 15.06.2010 after finding the same to be bogus one. Later on one Kashif Zia lodged another FIR Bearing No, 232 in respect of an offence 406, PPC against the petitioner in which the petitioner has got pre-arrest bail from the Court of learned Additional Sessions Judge, Lahore. After finding his plan to see the petitioner behind the bars unsuccessful the complainant has managed to entangle the petitioner in the instant criminal case with the help of Captain Retired Sohail Chaudhary, District Police Officer, Pakpattan Sharif who during all the episodes prima facie seems to be at beck and call of Kashif Zia being his fast friend. Last day when the case was being argued before this Court the learned counsel for the petitioner vehemently stated that the petitioner was ready to take oath on Holy Quran to explain that the occurrence had not taken place at all as narrated in the FIR. The learned counsel for the petitioner also levelled allegation on the Station House Officer of Police Station City Arifwala, District Pakpattan Sharif that he was absolutely acting upon the instructions of the above mentioned DPO. The Court had directed the Station House Officer of Police Station City Arifwala, District Pakpattah Sharif to appear in person for today. Today the SHO is in attendance and when he is asked to take oath on Holy Quran to the effect that the contents of FIR are not correct, he has no concern at all with the District Police Officer, Pakpattan Sharif, he did not confine the petitioner at Police Station on 10.06.2011 wherein he continuously demanding the cheque from him and after the intervention of respectable of the locality he allowed him to go at 2.00 a.m. on the same night and all the allegations levelled by the petitioner against him in the petition and during the arguments are incorrect. He firstly showed his readiness to take oath on Holy Quran so as to refute the allegations levelled against him but later on when the Holy Quran was placed before him he overturned from his willing. The police and the complainant party did not confine themselves to the extent of the petitioner but they also entangled the wife of the petitioner in a criminal case of theft and lodged FIR in Anti-Corruption Department. All this shows that prima facie the police is in league with Muhammad Kashif Zia whom the petitioner had established some business relations which had been failed later on. Thus, apparently the mala fide on the part of the police is floating on the surface of the record of the criminal litigation between the petitioner and above said Muhammad Kashif Zia. This fact also finds support from the cell number of the complainant mentioned in both FIR Nos, 307 and 232, although the Companies of SIMs are different but number (8457777) is the same.

3. For what has been discussed above this petition is accepted and the ad-interim pre-arrest bail already allowed to the petitioner vide order dated 25.07.2011 is hereby confirmed subject to furnishing of a fresh bail bond by the petitioner in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

4. Before parting with this order this Court would like to observe here that during the course of arguments by the learned counsel for the petitioner and in the petition as well some serious allegations have been levelled on Captain Retired Sohail Chaudhary, District Police Officer, Pakpattan Sharif who allegedly is providing fair and unfair support to Muhammad Kashif Zia and behind the curtain managing the whole matter. Such a high public functionary is not expected to transgress his limits and provide undue favour to his nearer and dearer.

Thus, it will be appropriate if the allegations levelled against the above said District Police Officer, Pakpattan Sharif are inquired through a high rank police functionary. Accordingly Inspector- General of Police, Punjab, Lahore is directed to get conduct a discrete inquiry by an upright and honest officer and submit his report through the Deputy Registrar (Judicial) of this Court within one month.