2000 P Cr (PLP)

The applicant is involved in an offence under sections 420, 477=A, 468 and 34, P.P.C. read with section 5(2) Act II of 1947, arising out of Crime No.6 of 2000, Police Station A.C.E., Larkana. On 26-1-2000, Iqbal Ahmed Qureshi, Assistant Director Headquarter A.C.E., Larkana lodged the F.I.R. on behalf of the State which reads as under:-- "The case is being registered on receipt of permission from competent Authority. The facts of the case are as under. The Administrator, Municipal Corporation, Larkana, vide his Letter No.PA/LMC/14, dated 12-1-2000 reported as under-- The Sub-Divisional Magistrate/C.S.O., Larkana vide his Office Letter No.CS/174, dated 4-11-1999 requested to verify the papers enclosed with his letter, while the papers were under scrutiny, the undersigned was informed by Sub-Divisional Magistrate, Larkana that some one from my office has sent a reply under the signature on behalf of the Administrator stating that the paper sent for verification are genuine. The undersigned vide Letter No. 13, dated 11-1-2000 informed the. Assistant Commissioner/C. S. O. that all the documents enclosed with his letter was bogus and fraudulent the copy of the same letter has been endorsed to the Commissioner, Larkana and Superintendent of Police, Anti-Corruption Establishment, Larkana. The land in question is a precious land, which was being fraudulently transferred with the connivance of the staff of this office by making false and fraudulent entries, hence it is recommended that the case may be investigated and the F.I.R. may be lodged. The first clue of this case which may help in investigation in the handwritten of Rs.48,000 in the handwriting of Mr. Parkash Chandar Parwani, Senior Clerk of this Corporation. Since the Government has been cheated and false record has been prepared, therefore, the F.I.R. is lodged on behalf of State against accused persons as the offence falls under sections 420, 477-A, 468 and 34, P.P.C. read with section 5(2), Act-II of 1947." The Anti-Corruption Police after registration of F.I.R. took up investigation and arrested the present applicant. It is contended by Mr. Muhammad Nawaz Chandio, learned counsel for the applicant, that name of the present applicant does not figure in the F.I.R. The alleged offences are not covered by prohibitory clause contained in section 497(1), Cr.P.C. It is stated that sections 468, 477-A, P.P.C. are non-cognizable and section 420, P.P.C. is bailable. The applicant is a private person and Anti-Corruption Laws are only applicable if he had connived with the public servants in the commission of offence. It is argued that the plot in question was purchased by *the applicant for which the Sanad was issued and the site plan was available on the record. The receipt for the amount paid by the official is available in the office of Municipal Corporation. It is pleaded that F.I.R. is delayed by about 7 years and no such explanation is furnished. The learned counsel further submitted that the. forgery if any, the applicant had no knowledge .of it and that fact is yet to be established at the time of trial. As such, the case of accused requires further enquiry and the applicant is entitled for bail. He has placed reliance to the case of Ijaz Akhtar v. The State 1978 SCMR 64, Ghulam Qasim alias Muhammad Qasim and another v. The State 1991 PCr.LJ 2418, Said Farooqi v. The State 1995 PCr.LJ 643 and Sikander v. The State 1995 SCMR

387. Mr. Ali Azhar Tunio, Assistant, Advocate-General has opposed the bail application and stated that the applicant has connived with the public servant and is not entitled for bail. The offences with which the applicant has been charged are not covered by prohibitory clause and pertain to the documents which are in the possession of Government Officers and cannot be tampered with. The contention is that payment was made by the applicant and such receipt is available in the office. The involvement of present applicant in the commission of offence and the fact that he has connived with the officials of Municipal Corporation is yet to be established at the time of trial. The name of present applicant does not figure in the F.I.R. There is no evidence on the record which could reveal that the present applicant was actively in connivance with the official accused. The said fact is yet to be established by the prosecution and till then it cannot be held that the applicant had knowledge of any forged document and he was in connivance with the public servants. The possibility cannot be overruled at this stage that the private man might have been cheated by the public servants by receiving the amount from him. Accused Abdul Hameed Pathan and Nazir Ahmed have been granted interim pre-arrest bail by the Incharge Special Judge, A.C.E. vide order, dated 15-2-2000. The copy of this order is placed on record. Under these circumstances it cannot be said that there appear reasonable grounds to believe that he has been guilty of the offences with which he is charged. In view of the facts and circumstances stated above, the accused is granted bail in the sum of Rs.1,00,000 (one lac) and P.R. Bond in the like amount to the satisfaction of trial Court. H.B.T./M-67/K Bail granted