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Criminal Miscellaneous No. 1916-B of 1986, decided on 19th July, 1986.

---Ss. 497(5) & 498--Penal Code (XLV of 1860), Ss. 420 & 468- Pre-arrest bail, grant of--Allegation of forging and forcibly getting thumb-marks on certain documents from lunatic--Lunatic after discharge from mental hospital making statement implicating accused--No mala fide either alleged in petition or mentioned in Court--Pre-arrest bail, being extraordinary relief, accused, held, would not be entitled to it unless intended arrest was specifically shown to be tainted with mala fide- Interim pre-arrest bail, cancelled in circumstances.

Muhammad Akram Khokhar for Petitioner.

Muhammad Sharif for the State.

The instant application has been moved on behalf of Habib Masih for grant of pre-arrest bail in a case registered against him and few others under sections 420 and 468, P.P.C. at Police Station, Kasur. The petitioner was allowed interim pre-arrest bail on 8-7-1986 and the matter has been laid before me today for final disposal.

2. One Mst. Zainab made an application to the Superintendent of Police, Kasur on 19-6-1986 alleging that she is the wife of Muhammad Bashir. She has a daughter aged 14 years from him. About a month ago Muhammad Bashir being under the fit of lunacy left home and was traced after 10 days but he again disappeared 3/4 days before making of the said application and was caught hold of by present petitioner, Munir Masih and Bashir who took him to District Headquarters Hospital, Kasur and there they obtained his thumb-impressions forcibly on certain papers which were later converted into a Talaqnama against her, Aaqnama against her daughter and an agreement of lease for one year in their own favour pertaining to his landed property. This came to her notice when the accused persons came to the village for taking possession of the land under the said agreement. Due to- the intervention of respectables of the Ilaqa the accused were forced to produce her husband (Bashir) which they did and he was got admitted in mental hospital on 18-6-1986. On the basis of the application instant case was registered on 20-6-1986 under the orders of the Deputy Superintendent of Police.

3. The petitioner prayed for pre-arrest bail saying that he was not the signatory of any of the documents, namely, Talaqnama, Aaqnama or lease-deed. Learned counsel appearing on behalf of the petitioner vehemently argued that there was no material whatever on record showing his complicity in the offence with which he is charged. The A.S.I. who is present with record states that Muhammad Bashir husband of the complainant (Mst. Zainab) has been discharged from the hospital and has made statement implicating the petitioner as well as his co-accused saying that they had forcibly obtained his thumb-impression on the said documents. Learned State counsel opposed this petition.

4. I have carefully considered facts and circumstances of the case in the light of record. This is a petition for pre-arrest bail. It is well-settled by now that an accused is not entitled to the grant of this extraordinary relief unless he specifically alleges and satisfies the CourL1 by producing evidence that his intended arrest is tainted with mala fides. It may be noted that no such mala fide has either been alleged in the petition nor has been mentioned today during the arguments by the learned counsel for the petitioner. There is statement of Muhammad Bashir (husband of the complainant) implicating the petitioner. In the circumstances, I find that the petitioner is not entitled to the grant of concession of pre-arrest bail, therefore, the order granting him interim pre-arrest bail is hereby recalled and this petition is dismissed. He can move the lower Court for bail after arrest if so advised.

S.A./763/L Bail refused.

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