TANVIR ISHAQ Versus State

ORDER

ALTAF IBRAHIM QURESHI, J.--- Petitioner Tanvir Ishaq seeks post-arrest bail in case, F.I.R. No.96 of 2011 dated 6-2-2011, under sections 420, 468, 471 P.P.C., registered at Police Station Civil Lines Gujrat.

2. Briefly, the prosecution version as contained in the F.I.R. is that the petitioner, in connivance with his co-accused, prepared a forged agreement to sell on behalf of the complainant and his son with mala fide intention and ulterior motive in order to deprive them from their valuable property.

3. Learned counsel for the petitioner submits that petitioner has been falsely roped in this case with mala fide and ulterior motive; that F.I.R. has been lodged after inordinate delay of about two years; that dispute between the parties is of civil nature and has been converted into criminal litigation; that the offences under sections 420/471 P.P.C. are bailable, whereas the offence under section 468, P.P.C. is non-bailable but the punishment provided for this offence is seven years which does not fall within the ambit of prohibitory clause of section 497(1), Cr.P.C.; that civil suit for specific performance of the contract is pending between, the parties prior to registration of the case and that the petitioner is behind the bars since his arrest and he is no more required by police for further investigation, hence, he is entitled to concession of bail.

4. On the other hand, learned Deputy Prosecutor-General hotly opposed the bail petition and prayed for its dismissal.

5. Arguments heard. Record perused.

6. Perusal of record reveals that there is unexplained inordinate delay of two years in lodging the F.I.R. Impugned agreement is dated 25-3-2009, whereas on the basis of said agreement a civil suit was filed by the petitioner on 30-6-2010 which is pending before Civil Court and complainant is appearing in the said suit. The instant F.I.R. has been lodged after institution of aforementioned civil suit and prima facie matter has been converted into criminal litigation in view of above, case against the petitioner is that of further inquiry under section 497(2), Cr.P.C. The offences under section 420/471, P.P.C. are bailable. Although the offence under section 468, P.P.C. is non-bailable however, the punishment provided for this offence is seven years, which does not fall within the ambit of prohibitory clause of section 497(1), Cr.P.C. the petitioner was arrested on 4-3-2011 and since then he is behind the bars and no more required by police for further investigation purpose. Incarceration of the petitioner would not serve any useful purpose.

7. For what has been discussed above, the instant petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.100,000 (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court.

H.B.T./T-38/L Bail granted.