2015 PLP 2486 (YLR)

MAHMOOD AHMED BHATTI, J.

Major (Retd.) Kunwar Nasim Khan, petitioner seeks pre-arrest bail in case FIR No.290 dated 18-4-2014 registered under Sections 420, 464 and 471, P.P.C. at Police Station Sambrial, District Sialkot.

2. The allegation against the petitioner is that he along with his daughter, Mst. Anam Khan transferred land measuring 50 Kanals 18 Marlas to one Inayat Ullah Cheema through a registered sale-deed No.1322 dated 28-8-2013 by carrying out deception and perpetrating fraud. The precise allegation is that the complainant is owner in possession of land measuring. 3 Kanals 18 Marlas bearing Khewat No.167, Khasras Nos.627, 610 and 1572/556 as per Jamabandi of the revenue estate/Mauza Vain, Tehsil Sambarial, District Sialkot for the year 1998-1999 on which he has raised constructions, including a drawing room, four rooms, bathrooms and a Kitchen, in addition to installing electric motor. This land belonging to the complainant and the constructions built thereon are alleged to have been transferred by the petitioner and her daughter to Inayat Ullah Cheema, vendee through' the above-mentioned sale deed as well.

3. Arguments heard. Record perused.

4. From a perusal of the record, it is painfully obvious that the petitioner and his daughter made a sale of land measuring 50 Kanals 18 Marlas to one Inayat Ullah Cheema through a registered sale deed No.1322 dated 28-8-2013. Prior to getting the sale deed scribed, the vendors obtained a copy of the record of rights/Jamabandi, showing them as owners of the land to be transferred by them. Needless to say, this fact is duly verified by the Sub-Registrar concerned before registering a sale deed. Turning to the sale deed in question, the petitioner and his daughter transferred the land from Khewats Nos.177, 185, 174, 176 and

173. Out of Khewat No.177 bearing Khasra No.608, land measuring 4 Kanals 4 Marlas was transferred, while land measuring 6 Kanals 6 Marlas was transferred from Khewat NO.185 bearing Khasras Nos.554, 581, 1511, 550, 607, 606, 605 and

555. Likewise, land measuring 3 Kanals 14 Marlas was transferred from Khewat No.176 bearing Khasra No.335. In the same way, land measuring 30 Kanals 6 Marlas was transferred from Khewat No.173 bearing Khasras Nos.592, 346, 337, 336, 595, 594 and

593. It needs to be underscored that the accused/petitioner and his daughter did not make any sale from Khewat No.167 bearing Khasras Nos.621, 627, 609, 610 and 1572/556, of which the complainant claims to be the owner in possession. On the face of it, the complainant is suffering from some misconception of facts, if not delusion. Oddly enough, the complainant has not alleged that Inayat Ullah Cheema, vendee had colluded with the accused petitioner in making the transfer of the land in question to him. It was conceded by Mr. Sultan Ahmad Advocate/learned counsel for the complainant that the complainant is not interested in prosecuting Inayat Ullah Cheema, the vendee. It is pertinent to mention that during the arguments, an order of this Court dated 30-6-2014 passed in W.P. No.18922 of 2014 was produced. Again, a certified copy of the demarcation proceedings carried out by the revenue officer Sambarial, Sialkot in pursuance of the aforesaid order was produced as well. Without setting out the details of the demarcation proceedings, it is worth mentioning that the allegations made in the FIR have not been borne out by the demarcation made regarding the land in question.

5. It has also come to light that the petitioner has also instituted a civil suit against the complainant for declaration, possession along with perpetual and mandatory injunction, which is pending adjudication before a competent Court of law. In this suit instituted on 9-10-2013, that is to say, prior to the lodging of the FIR, the petitioner has levelled serious allegations against the complainant, which boiled down to this: that the complainant grabbed the property of Ch. Sar Buland Khan, father of the complainant and the petitioner, thereby depriving seven legal heirs of late Sar Buland Khan. According to the averments made in the plaint, land measuring 119 Kanals 6 Marlas was got transferred by the complainant in his own name by fraudulent means. Against this backdrop, possibility cannot be ruled out that the instant FIR is motivated one, and the petitioner and his daughter have been involved with ulterior motives.

6. To state the obvious, offences under sections 420 and 471 are bailable ones, while offence under section 468, P.P.C. is non-cognizable. Apparently, the Investigating Officer did not seek any permission from the Area Magistrate to carry out investigation. Furthermore, the petitioner is said to be 75 years old. It would be highly unjust to send him behind the bars just to satisfy the ego of the complainant, particularly when there is hardly any evidence to connect the petitioner with the commission of the offences under sections 420, 468 and 471, P.P.C.

7. For what has been stated above, the pre-arrest bail already granted to the petitioner by order dated 10-6-2014 is hereby confirmed, subject to the furnishing of fresh bail bonds in the sum of Rs.100,000 (rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court. MH/K-41/L Bail allowed.