Muhammad Zaheer vs The State and another
This order disposes of three post-arrest bail petitions filed by officials of the Passport Office, Gujrat, who were nominated as accused in an FIR registered under Sections 420, 468, 471, 109, and 34 of the Pakistan Penal Code 1860, Section 5(2) of the Prevention of Corruption Act 1947, and Section 30(2) of the National Database and Registration Authority Ordinance 2000. The core legal question was whether the petitioners were entitled to post-arrest bail where passports were issued based on a Family Registration Certificate (FRC) provided by co-accused, which was later found to be bogus during investigation. The Lahore High Court granted post-arrest bail, holding that the petitioners acted on an official FRC provided to them without any evidence of taking illegal gratification or performing verification beyond standard procedures. The Court established that where government officials issue documents based on NADRA records in good faith, and investigation is complete with the report under Section 173 of the Code of Criminal Procedure 1898 submitted, the case requires further inquiry under Section 497(2) of the Code of Criminal Procedure 1898.
- Is an official who issues a passport based on an FRC that later turns out to be fake entitled to post-arrest bail under Section 497(2) CrPC?
- Does the completion of investigation and submission of the report under Section 173 CrPC justify granting bail where there is no apprehension of tampering or abscondance?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 30(2), National Database and Registration Authority Ordinance 2000
- Section 173, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
M UHAM M AD W AHEED KHAN, J. By this single order, I would like to decide the instant petition filed by petitioner/accused Muhammad Zaheer, bail petition (Cr. Misc. No.4295-B of 2023) filed by petitioner/co-accused Mashkoor Haider and bail petition (Cr. Misc. No.4298-B of 2023) filed by petitioner/co-accused Saeed Abbas, as they having failed to get post arrest bail in case FIR No.164/2022 dated 15.12.2022 registered under sections 420/468/471/ 109/34, P.P.C. read with section 5(2) of the PCA, 1947 and section 30(2) of the NADRA Ordinance, 2000 at Police Station FIA Circle, Gujrat from the Court of learned Judge Special Court (Central-II), Gujranwala vide orders dated 04.01.2023, have prayed the same relief.
2. Precisely, case of the prosecution as set forth in the instant crime report is that during Enquiry No. 305/2022 conducted by Federal Investigating Agency (FIA) Circle. Gujrat, it was concluded that one Maqsood and his wife Mst. Nargis Noor with the help and facilitation of the present petitioners (officials of Passport Office, Gujrat) got issued passports of minors, namely, Ahmad Umais Muhammad Huzaifa and Muhammad Azaan Abid on the basis of a fake B-Form, showing the above said Nurgis Ndor as mother of all the above said minors in place of the complainant Khadija Bhatti and on the basis of those passports, the above said Abid Maqsood and Nurgis Noor , succeeded to fly Azerbaijan, hence, this case.
3. Pro and contra arguments have been heard. Record perused.
4. On meticulous appraisal of facts in the light of arguments advanced by learned counsel for the parties, it is noticed that all the present petitioners are the officials of the passport office Gujrat. The crux of arguments of learned counsel for the petitioners was that the passports of the above said minors were issued on the basis of their Family Registration Certificate (FRC) duly issued by the NADRA, in which name of the above said Nurgis Noor co-accused was written as mother of the minors Ahmad Umais Abid etc., hence, the passports were issued by the petitioners bonafidely.
Learned Law Officer while going through the relevant record has admitted that name of the said Nurgis Noor is mentioned in the FRC duly issued by the NADRA, a copy of the same is also annexed with this petition as annexure-D, wherein in the relevant column name of mother of minors, is mentioned as "Nurgis". So, there is force in the arguments of learned counsels for the petitioners that passports in question were issued on the basis of the document i.e. FCR and it was issued by the NADRA. However, the Investigating Officer present in Court has apprised that during the course of investigation, the said FRC was found bogus but this is admitted fact that the said FRC was provided by the co-accused to the present petitioners/officials of the passport office Gujrat and the Investigating Officer has also admitted that normally no inquiry is conducted by the passport office qua the original documents like FRC or B-Form etc. purportedly issued by the NADRA before preparing/issuing passport. Nothing is available on record that for preparation of passports in question, the petitioners have taken any illegal bribe from the applicant/co-accused. Even otherwise, it is noticed that being government officials there is no apprehension that they shall abscond after getting bail. The prosecution/ investigating agency has already collected the evidence, so, there is no chance of tampering with the prosecution evidence by the petitioners. The investigation has already been completed and report under section 173, Cr.P.C. has recently been sent to the learned trial Court on 12.01.2023, so, there is no prospect of earlier conclusion of the trial and the petitioners cannot be kept behind the bars for an indefinite period without determining their guilt by the Court of competent jurisdiction.
5. In view of the above discussion, I find that there are sufficient reasons to believe that case of the petitioners calls further probe to their guilt in terms of section 497(2), Cr.P.C., resultantly, all the three petitions are allowed and the petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two lac) each with one surety each in the like amount to the satisfaction of the learned trial Court.