1990 PLP 270 (SCMR)

Date of hearing: 26th July, 1989. SAAD SAOOD JAN, J.‑‑These are five petitions for cancellation of pre arrest bail allowed by the High Court to the respondents.

2. A piece of land measuring 3 Kanals and 19 marlas in Qila Gujar Singh Circle was transferred on 8‑4‑1968 by the Settlement Authorities to Nawabzadi Meh Jabeen. The transfer was given effect in the settlement and revenue records. She sold the land by an oral transaction to Abdul Hamid, respondent. Later by a registered sale‑deed, Abdul Hamid sold the land to one Izharul Haq. Similarly, another piece of land measuring 2 Kanals and 12 Marlas in the same circle was transferred on 29‑4‑1968 by the settlement authorities to Zul Qarnain, respondent. This transfer too was given effect in the settlement and revenue records. Subsequently, Zul Qarnain also by a registered sale deed sold the land o Izharul Haq.

3. Apparently, the two pieces of land formed part of bungalaw No. 38, Abbot Road, Lahore. This bungalow was sold by the Chief Settlement Commissioner under the directions of the Central Government to the Pakistan Air Force in 1959. The Pakistan Air Force transferred the bungalow to the Shaheen Foundation for constructing a multi-storey complex for the benefit of its employees.

4. On 12‑11‑1987, on the application made by the Regional Director, Shaheen Foundation, a case under sections 419, 420, 471 and 468 and read with section 34, of the Pakistan Penal Code was registered at Police Station North Cantt: against the respondents on the allegations inter alia that the two sale deeds had been forged in order to fraudulently take over the property which had been lawfully transferred to and was in the possession of the Foundation. The respondents applied to the High Court for pre‑arrest bail denying the allegations made in the F.I.R. and alleging that the case had been got registered in order to apply pressure on them to vacate the land. A learned Single Judge in the High Court examined the relevant record and found‑‑ "Admittedly, the transfer of land in dispute in favour of Mst. Meh Jabeen and Zulqarnain has not been set aside by any authority or Court. The mutations in their favour have also not been cancelled or rescinded. The transactions of sale made by or on their behalf in favour of Izhar‑ul‑Haq co‑accused are also intact. The names of Zulqarnain and Abdul Hameed from whom Izharul Haq co‑accused claims to have purchased the land in dispute are mentioned in the Jamabandi of 1975‑

76. Register RL‑11 of Qila Gujar Singh Circle was summoned in W.P. No.1764/88 moved by Izhar‑ul‑Haq on the request of the learned counsel for Shaheen Foundation to find out as to whether there was any entry in the said register about the allotment/transfer of land in dispute in favour of Mst. Meh Jabeen and Zulqarnain from the Office of the Deputy Commissioner and the said entries were found to exist there. There is no mutation or entry in the revenue record in favour of Ministry of Defence, M.E.O., PAY. or Shaheen Foundation showing the allotment/transfer of land in dispute in their favour." In view of this position the learned Single Judge admitted the respondents to pre‑arrest bail. The Regional Director seeks reversal of the order of the learned Judge.

5. After hearing the learned counsel for the petitioner we are satisfied that the order of the High Court in allowing pre‑arrest bail to the respondents was well founded. No case for interference with it by this Court has been made out. These petitions are dismissed. N.H.Q./M‑1147/S Petitions dismissed.