2016 PLP 142 (YLRN)

S. 497

Penal Code (XLV of 1860), Ss.419, 420, 468 & 471

Prevention of Corruption Act (II of 1947), S.5(2)

Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, corruption

Bail, refusal of

Father of accused died in the year 1993; and his brother died on 12-5-2006

Accused along with his co-accused, managed a certificate showing the death of his father on 1-12-2006; and in the process got attested an inheritance mutation; and he attempted to deprive his nephew and sister-in-law from the legacy of his father

Record had shown that accused was instrumental in the preparation of such death certificate of his father

Accused stood out to be prima facie linked with the commission of offence, which was reprehensible in nature motivated by the greed of accused

Contention of accused that sections of law under which accused had been charged, did not fall within the prohibitory clause of S.497, Cr.P.C., did not hold much ground as grant of bail in such like cases, was not a rule of universal application; and each case deserved decision on its own facts and circumstances and merits

Bail application of accused, was dismissed, in circumstances. [Paras. 3 and 4 of the judgment] Rab Nawaz Khan, A.A.G. for the State. Muhammad Hayat for the Complainant. JUDGMENT QAISER RASHID KHAN, J.

Through the petition in hand, the petitioner seeks bail in case FIR No.8 dated 03.06.2015 registered under sections 419/420/468/471, P.P.C. read with section 5(2), P.C. Act, Police Station Anti-Corruption, Nowshera after the said relief was declined to him by the learned court below.

2. Allegations against the accused-petitioner are that he along with his co-accused had prepared a false and fake death certificate of his father, namely Gul Zaman and had thus deprived the legal heirs of his late brother, namely Munawar Khan from the legacy of Gul Zaman through attestation of inheritance mutation No.4441 dated 10.04.2010, hence the FIR inid. Arguments heard and available record perused.

3. Admittedly, the father of the accused-petitioner, namely Gul Zaman had died in the year 1993 and subsequently his brother, namely Munawar Khan died on 12.05.2006. It was thereafter that the petitioner along with his co-accused managed a death certificate showing the death of his father Gul Zaman as 01.12.2006 and in the process got attested an inheritance mutation No.4441 dated 10.04.2010 and attempted to deprive his nephews and sister-in-law, namely Mst.Rozina Begum from the legacy of Gul Zaman which was subsequently cancelled and a proper inheritance mutation No.4443 was attested. Moreover, on the application of Mst.Rozina Begum, the Anti- Corruption Establishment spurred into action and after conducting proper inquiry, held the accused-petitioner and the other co-accused responsible for such fraudulent act regarding the preparation and manipulation of death certificate of Gul Zaman.

4. The available record shows that the accused-petitioner was instrumental in the preparation of such death certificate of his father. This court stops short of discussing the details of the case as the same is not permissible at the bail stage. However, taking a tentative assessment of the matter in hand, the accused-petitioner stands out to be prima facie linked with the commission of the offence which is reprehensible in nature motivated by the greed and avarice of the accused and his other cohorts. The argument of the learned counsel for the petitioner that the sections of law under which the accused-petitioner has been charged do not fall within the prohibitory clause of section 497, Cr.P.C. too, does not hold much ground as grant of bail in such like cases is not a rule of universal application and each case deserves decision, on its own facts and circumstances and of course merits. For the above stated reasons, I am not inclined to allow the present application which is thus dismissed. HBT/141/P Bail refused.