RASOOLAN BIBI Versus A.C./D.S.C. (LAND)

The petitioner, who is involved in a case under section 420/468/471, P.P.C. arising out of F.I.R. No.172, dated 27-10-1993, registered at Police Station Sahiwal, District Sargodha, seeks to be admitted to pre-arrest bail. Vide order, dated 14-12-1993, the petitioner was admitted to ad interim pre arrest bail. Today, the case is fixed for confirmation or otherwise of the aforesaid order.

2. As per F.I.R., the allegation against the petitioner is that he used to sell substandard manure.

3. The learned counsel for the petitioner contended that the offences under sections 468 and 471, P.P.C. are non-cognizable and in view of section 155, Cr.P.C., the police is not competent to investigate the case without the formal order of the Magistrate and that offence under section 420, P.P.C. is bailable. The complainant has lodged the F.I.R. against the petitioner on the report of some enemy of the petitioner and the petitioner who is a retired Haveldar of the Army is being prosecuted for ulterior motive and if he is arrested, his prestige would be lowered in the eye of public. Placed reliance on P L D1983 S C 82.

4. Learned counsel for the State assisted by the Police Officer has conceded this fact that there is no formal order on the file by the Magistrate authorising the police to investigate the case under sections 468 and 471, P.P.C. He half-heartedly argued that the report has been lodged by the Magistrate himself; hence there is no need for any formal order by the Magistrate. He has also referred to the report of the Chemical Examiner, which is against the petitioner.

5. I have heard the learned counsel for the parties and have perused the record admittedly, the police is not competent to investigate the case for offences under sections 468 and 471, P.P.C. From the record, the case made out against the petitioner may fall under section 420, P.P.C. that too can be registered on the application of the purchaser and not on the report of the Resident Magistrate. As the offence under section 420, P.P.C. is bailable, hence the ad interim pre-arrest bail granted to the petitioner by order, dated 14-12-1993, is confirmed.

N.H.Q./M-1382/L Interim bail confirmed.