1995 PLP 1837 (MLD)

Malik M.H. Zafar Hussain for Petitioner. MA. Hameed for the State. Mumtaz Hussain Bazmi for the Complainant. Date of hearing: 2nd July, 1995. F.I.R. No.7, dated. 6-1-1995 stands registered at Police Station City, Bahawalnagar under section 420/468/471/380, P.P.C. at the instance of Mst. Noor Jahan who alleged that Muhammad Azam petitioner-accused alongwith Muhammad Rafique, Qasim Ali and Muhammad Ali entered into an agreement of sale with her for the purchase of land in consideration for Rs.900,000 (Five lac) on 2-5-1994. She alongwith her many relatives went to Civil Courts, Bahawalnagar. Muhammad Anwar Petition Writer executed the agreement and an amount of Rs.108,000 was to be paid in cash while Rs.50,000 were to be paid by cheque at the request of the petitioner-accused and his co -accused. The cash amount and cheque were to be handed over immediately. She signed the document. However, thereafter immediately the accused took away agreement of sale as well as cheque and also did not pay the cash amount. Afterwards on the order of the Magistrate Ist Class concerned the Bank authorities reported that the petitioner was not maintaining P.L.S. Account No.36 with the bank. This petitioner has teen arrested whose bail plea has been rejected by the lower Courts mainly on the ground that there is allegation of forgery against the petitioner and his co-accused. He has filed this petition for his admission to bail.

2. At this stage I would express that a notice for contempt of Court was issued to Liaqat Hayat, A.S.I. Police Station City Bahawalnagar as he did not produce the file on 18-6-1995 even though-he was present in the Court on 13-6-1995. He has tendered the apology and the same is accepted with the advice to be careful in future.

3. I have heard the learned counsel for the petitioner as well as learned counsel for the State and gone through the record before me. I am in full agreement with the learned counsel for the petitioner that section 380, P.P.C. is act of the petitioner and Sections 468/471, P.P.C. are non-cognizable. The police have not obtained any warrants or permission under these sections. An offence under section 420, P.P.C. is cognizable but is bailable. Thus this bail application is to be accepted. Reliance is placed upon Ghulam Qasim alias Muhammad Qasim and another v. The State (1991 PCr.IJ 2418 Lahore) while expressing this view. Keeping in view the admitted fact that the case stands registered after the institution of the suit for specific performance of agreement of sale by Muhammad Azam petitioner and his co-accused, obviously and legally the Civil Court has better footing for the determination of the dispute revolving around the alleged status and character of the parties to the disputed property. Without prejudice I am tempted to express that the case has been taken to the police to put the pressure upon the adverse party i.e. the plaintiffs of the suit for specific performance of agreement of sale. In the circumstances I do not agree with the learned counsel for the complainant as well as the learned counsel for the State that it is not a fit case for the admission of the petitioner to bail.

4. Considering it to be a fit case I admit Muhammad Azam petitioner to bail in the sum of, Rs.20,000 (Rupees Twenty Thousand only) with one surety in the like amount to the satisfaction of the area Magistrate, Bahawalnagar: N.H.Q./M-2491/L Bail allowed.