IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE UMAR ATA BANDIAL 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
CRIMINAL PETITION NO. 796-L OF 2021 
(On appeal against the order dated 01.06.2021 passed by 
the Lahore High Court, Lahore in Criminal Miscellaneous No. 
22073-B/2021) 
 
Waqas ur Rehman alias Moon 
… Petitioner 
VERSUS 
The State etc 
 
… Respondents 
 
For the Petitioner: 
Mian 
Muhammad 
Aslam, 
ASC 
a/w 
petitioner 
 
For Respondent (2): 
In person  
 
For the State: 
Mr. Muhammad Jaffer, Addl. P.G. 
 
Mr. Bashir Ahmed, ASI 
 
 
 
Date of Hearing: 
 
13.10.2021 
 
ORDER 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- Through the instant 
petition under Article 185(3) of the Constitution of Islamic Republic of 
Pakistan, 1973, the petitioner has assailed the order dated 
01.06.2021 passed by the learned Single Judge of the Lahore High 
Court, Lahore, with a prayer to grant pre-arrest bail in case 
registered vide FIR No. 1578/2020 dated 05.12.2020 under Section 
420/468/471 PPC at Police Station Manawan, District Lahore, in the 
interest of safe administration of criminal justice.  
2. 
 
 As per the contents of the crime report, the complainant 
wanted to purchase a house and for this purpose she along with her 
husband went to the office of the property dealer where the 
petitioner along with co-accused were present. They showed her a 
house, received a sum of Rs.500,000/- as advance along with 
Rs.50,000/- as commission and handed over to her Fard Malkiyat of 
the house. However, later on it transpired that the said house was 
owned by someone else and the Fard Malkiyat was found to be a 
bogus document.  
Criminal Petition No. 796-L/2021 
2
3. 
 
Learned counsel for the petitioner contends that the 
petitioner has been falsely roped in this case against the actual facts 
and circumstances due to connivance of the complainant with local 
police. Contends that the very office where the complainant went 
does not belong to the petitioner and he was merely sitting in the 
office. Contends that neither the petitioner participated in the 
transaction nor received any consideration or stood witness, 
therefore, he cannot be saddled with the liability.  
4. 
 
On the other hand, learned Law Officer contended that 
the petitioner has been specifically nominated in the crime report. He 
contends that the petitioner is habitual cheater/offender and three 
other criminal cases of similar nature have been registered against 
him. Contends that even he did not appear before the High Court on 
the ground that he has been tested positive for COVID-19 but the 
certificate placed on record by him was subsequently found bogus. 
Lastly contends that the petitioner was also found guilty during the 
police investigation and he does not deserve any leniency by this 
Court.  
5. 
 
We have heard learned counsel for the parties at some 
length and have perused the record.  
 
 
The petitioner is involved in a case where a woman folk 
has been deprived of valuable money under the disguise of handing 
over a house against a consideration of Rs.500,000/- in cash and 
Rs.50,000/- as commission. The argument of learned counsel for the 
petitioner that the petitioner has no nexus with the crime alleged 
does not appeal to reason as it is an admitted fact that the petitioner 
is one of the signatory of the document which reflects that the 
petitioner in connivance with other co-accused has managed to 
defraud a household lady. The accusation against the petitioner was 
otherwise found correct during the course of investigation and as 
such a definite finding of guilt has been given by the Investigating 
Officer against the petitioner. We are conversant with the fact that 
the ipsi dixit of the police is not binding on the Courts but it has 
persuasive value. The conduct of the petitioner is very material in 
this case. During the pendency of the second bail petition of the 
petitioner before the High Court, a certificate regarding his sickness 
was produced wherein it was specifically mentioned that he is 
Criminal Petition No. 796-L/2021 
3
suffering from COVID-19. However, the said certificate on inquiry 
was found to be bogus one. Even otherwise, the petitioner did not 
appear before the High Court although he was admitted to ad 
interim bail twice in two different petitions by the High Court that too 
in extraordinary circumstances. The grant of pre-arrest bail 
undeniably is extraordinary relief, which has to be exercised 
sparingly with an intent to save the innocent persons from trump-up 
charges whereas in the instant case we are informed that the 
petitioner is otherwise involved in three other cases of similar 
nature, which further lends support to the fact that the petitioner is 
prone to criminal activities coupled with the fact that he is so dare 
devil that he did not even hesitate to cheat the highest judicial forum 
of a province and the same is reflected from paragraph (3) of the 
order impugned before us. In view of the facts and circumstances of 
this case and the nature of offence committed by the petitioner, we 
are persuaded to decline the prayer for grant of pre-arrest bail. As a 
consequence, the instant petition filed by the petitioner is dismissed 
and leave to appeal is refused.  
 
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
Lahore, the  
13th of October, 2021 
Approved For Reporting 
Khurram 
