1997 P Cr (PLP)

Seerat Hussain Naqvi for Petitioner. Iqbal Mehmood Awan for the Complainant. Seeks pre-arrest bail in a case F.I.R. -No.495 of 1996, dated 9-10-1996 under section 468/471/420, P.P.C., Police Station North Lahore Cantt., Lahore.

2. The prosecution story as given in the F.I.R. lodged on the statement of Muhammad Ibrahim, briefly stated is that complainant alongwith his two brothers, namely Ali Shah and Qurban Ali own land measuring 78 acres and 7 Kanals situated in Tehsil Jhang. With a view to deprive them of the said land, a totally fake power of attorney was got prepared in the name of Muhammad Naeem allegedly executed on behalf of the complainant and his brothers and on the basis of the said fake power of attorney, the land has been sold to the petitioner.

3. Learned counsel for the petitioner seeks confirmation of petitioner's bail already granted to him vide this Court's order dated 8-4-1997 on the rounds that the petitioner is a bona fide purchaser of land which he purchased from the complainant and his brothers through their general attorney; that initially petitioner entered into an agreement to sell with the complainant/vendors through their general attorney Muhammad Naeem on 30-5-1996 petitioner filed a civil suit at Jhang in which the said Muhammad Naeem appeared, made a conceding statement and the suit was decreed where after petitioner became the owner. He further submits that the complainant has filed an application under section 12(2), C.P.C. against the said decree which is pending in the Civil Court and the matter being civil in nature has wrongly been brought in the domain of criminal law.

4. Learned counsel for the complainant on the other hand submits that Muhammad Naeem, the alleged general power of attorney of the petitioner is in fact a clerk in the office of the petitioner; that the petitioner planned the whole fraud, he got prepared three forged identification cards wherein the complainant and his two brothers were shown to be the residents of Lahore whereas the complainant is an old man of 70 years and presently residing at Azad Jammu and Kashmir arid his two brothers are residents of England, they did not visit Lahore for the last four years; that on the basis of forged general power of attorney, a forged agreement to sell was prepared on 25-3-1996, petitioner filed a civil suit on 16-5-1996 and within 15 days i.e. on 30-5-1996 obtained a collusive decree on the basis of a conceding statement made by the so-called general attorney of the complainant; that the general power of attorney has been proved to be fake as Mr. Iftikhar Shahid, Advocate who supposedly acted as a local commission and executed general power of attorney at the behest of complainant and other owners of the land disowned having acted as a local commission and that the general attorney Muhammad Naeem has himself made statement during investigation that forged documents were got prepared by the petitioner. The said general power of attorney it was lastly submitted has already been cancelled. The Investigating Officer, appearing in Court, submits that during investigation the case against the petitioner has been proved.

5. I have heard learned counsel for the parties and have also gone through the record.

6. The statements of the complainant, Iftikhar Shahid, Advocate an Muhammad Naeem, General Attorney, made before the police prima fact indicate that a forged general power of attorney was got prepared at the behest of the petitioner. The manner in which the civil suit was filed and within 15 days of the filing of the same a decree was obtained on the basis of a conceding statement of Muhammad Naeem, prima facie further creates serious doubts about the bona fides of the alleged transaction. In absence of any prior enmity between the petitioner and the complainant, the allegation of mala fides have not substance. No case for extraordinary concession of pre-arrest bail is made. Petition fails and is hereby dismissed. N.H.Q./M-299/L Pre-arrest bail refused.