2009 P Cr (PLP)

SYED SHABBAR RAZA RIZVI, J.

The learned counsel seeks pre-arrest bail of petitioners in F.I.R. No.277 of 2008, dated 3-9-2009, under sections 419, 420, 468 and 471 P.P.C., registered at Police Station Pasrur City, District Sialkot.

2. Briefly, according to the F.I.R, the complainant lives in England since 1985. In his absence, his real brother Muhammad Javed Iqbal son of Muhammad Shafi got made a fake Identity Card of complainant and on the basis of the same got prepared a fake power of attorney from complainant in his favour. According to the F.I.R, on the basis of the fake power of attorney, he sold his 73 Kanals, 11 Marlas land in favour of accused Nos.6 to 11 as mentioned in the F.I.R. The precise allegation against the, petitioner is that they identified Muhammad Kaleem Akhtar complainant before Sub-Registrar for execution and completion of general power of attorney Deed No.166 on 16-12-2003.

3. According to the learned counsel for the petitioners, petitioner No.1 being a lawyer, prima facie, believed the identity card of the complainant in possession of the accused, Javed Iqbal and identified the execution/completion of general power of attorney. He had no mala fide on his part or acquired any benefit out of the said transaction. According to the learned counsel, the petitioners are ready to support the version of the complainant before any forum as they want to disassociate themselves from any act of co-accused, Javed Iqbal.

4. According to the learned Deputy Prosecutor-General, Punjab, during the course of investigation, it has been found out that petitioners did not know that a fraud was being played on part of co-accused, Javed Iqbal, the petitioners were allured and dragged into his matter deceitfully.

5. The learned counsel for the complainant submits that petitioners facilitated the offence committed by co-accused Javed Iqbal, whereby, complainant was caused huge financial loss.

6. I have heard and considered the above contentions advanced by the learned counsel for the parties. According to the Investigating Officer, there is no other case of similar nature, etc. against the petitioners and investigation in this case has been conducted fairly and honestly. Apparently, the main focus of the F.I.R is at Javed Iqbal, who seemingly took advantage of complainant's absence from the country and hence sold his property by forging documents and in collusion with some revenue officials. It is not clear whether role played by the petitioners was intentional, mala fide or they have just been exploited by co-accused, Javed Iqbal, in preparation of the fake documents. Since I am doubtful about the role of the petitioners, therefore, giving benefit of doubt to the petitioners, particularly, when the Investigating Officer himself has not come out with any finding or incriminating evidence against the petitioners. In such facts and circumstances, it is difficult to believe whether animus/criminal intention, exists in the actus reus attributed to petitioners.

7. For the above reasons, this bail application is allowed. The interim bail already granted to the petitioners is confirmed subject to their furnishing fresh surety bonds in the sum of Rs.100,000 each with one surety each in the like amount to the satisfaction of the trial Court or Area Magistrate. H.B.T./A-64/L Bail confirmed.