2003 P Cr (PLP)

Muhammad Akram Javed and afar Iqbal Chohan for Petitioner. Mian Saeed‑ud‑Din Ahmad for the State. Partas Felix for the Complainant. This order will dispose of two connected bail applications i.e.,(i) Rao Noor Alam v. State Criminal Miscellaneous No.3353/B of 2002 and (ii) Dil Muhammad v. State Criminal Miscellaneous No.4793/B of 2002. Both the applications are for bail after arrest and are based on F.I.R. No.229 of 2001 registered on 10‑7‑2001 in Police Station Nasirabad under sections 420/468/471, P.P.C.

2. The F.I.R. was lodged by Syed Dilawar Abbas complainant stating therein that his mother Mst. Surraya Sultana owns 16 Marlas of land in Bostan Colony, Haddbast, Mauza Amar Sidhu, Lahore, which had been in the illegal possession of Noor Alam Khan accused for along time on the basis of a forged registered deed. He had contested the case up to the High Court and the Supreme Court of Pakistan on the basis of the same forged deed, which was ultimately decided in favour of the complainant. When efforts were made by the complainant to recover the possession of the land from him, Rao Noor Alam again filed a writ petition in the High Court and which was, however, dismissed on 19‑2‑2001. Thereafter, Rao Noor Alam had again prepared a registered deed in which he had given Khasra numbers of some other property. Although up to the highest level the matter, was decided twice in favour of the complainant party but again Rao Noor Alam had committed the forgery. As such he submitted the application for registration of the case.

3. Arguments have been heard and record perused.

4. So far as the allegation regarding the preparation of a fresh forged deed is concerned, the same is vague. It has not been explained even in the F.I.R. as to whether Rao Noor Alam had defrauded the complainant or nobody else on the basis of aforesaid forged deed or whether he has produced the same before any Court. On the face of it, the dispute is of a civil nature and which can be definitely, resolved by carrying out demarcation at the spot through the revenue officials. However, so far as the present bail applications are concerned, it is clearly a case of further inquiry into the guilt of the petitioners, and as such both of them i.e. Rao Noor Alam and Dil Muhammad are entitled to the concession of bail. Accordingly, both the bail applications are accepted and the interim pre‑arrest bail already granted to Rao Noor Alam and Dil Muhammad petitioners on 26‑6‑2002 and 18‑7‑2002 Respectively is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.50,000, with one surety each in the like amount, to the satisfaction of the learned trial Court within seven days. S.M.A.H./N‑265/L Bail granted.