1987 PLP 2201 (MLD)

Syed Jamshed Ali for Petitioner. Muhammad Sharif Butt for the State. Arif Iqbal Hussain Bhatti for the Complainant. Date of hearing: 4th August, 1987. A case under section 420/468/471, PPC was registered against the petitioner, Abdul Jabbar Chaudhry, with Police Station Mozang, Lahore, on 11-6-1987. The allegation against the petitioner is that he in connivance with the officials of the Settlement Department prepared a forged Transfer Order with regard to land bearing Khasra No.2807 situate at Talab Mela Ram, Empress Road, Lahore. It is further alleged that the same property was acquired by Lahore Improvement Trust in the year 1946. The said property was purchased by National Co-operative Society Limited for a consideration of Rs.3,500 per marla in the year 1978. It is contended by learned counsel for the petitioner that the property in question has been in possession of the petitioner since 1960. Submits that he applied for the transfer of the property under Settlement Scheme No.8 on 27-10-1973 and the same was transferred to him by the orders of the Deputy Settlement Commissioner dated 24-5-1983. Further submits that case against the petitioner is the outcome of a long history of litigation going on between the parties. It is contended that the registration of the instant case is mala fide which has been done only with a view to humiliate the petitioner. He further submits that a suit for declaration with perpetual injunction has also been filed by the petitioner against the complainant in the instant case with regard to the same property which is pending in the Court of Civil Judge, Lahore. Further, submits that the complainant's Society has also filed a suit for declaration arid permanent injunction against the petitioner and three others with regard to the same property. Contends that in these circumstances, when litigation from both sides with regard to the same property is pending before Civil Court, it becomes a case of further inquiry which entitles the petitioner to the grant of bail.

2. I have heard learned counsel for the petitioner as well as learned counsel for the complainant. The police record has been perused. It is a fact that the complainant had filed a suit which is still pending seeking a declaration that the property in dispute belongs to the Society. The said civil suit was filed much before the registration of the instant case. On the other hand, the petitioner had also filed a suit which is also pending adjudication before the Civil Judge. The petitioner has also produced transfer order which shows that the property in dispute was transferred to him. As far the authenticity of the documents is concerned, statement recorded under section 164 Cr.P.C., of the Deputy Settlement Commissioner under whose orders the property was transferred to the petitioner has also been placed on the file. In these circumstances, ad-interim pre-arrest bail already granted to the petitioner is confirmed. The petitioner is directed to join the investigation. The State may move an application for the cancellation of the bail if the petitioner does not associate with the investigation. K. B. A . /A-153/L Bail confirmed.