1989 P Cr (PLP)

‑‑‑S. 498‑‑Penal Code (XLV of 1860), Ss.420, 468 & 471‑‑Pre‑arrest bail, grant of‑‑Accused not playing major role in the occurrence‑‑Accused a woman and her case falling within proviso to S.497, Cr.P.C.‑‑Interim bail granted earlier was confirmed in circumstances. A.R. Tayyab for Petitioners. Nasir‑ud‑Din Ghauri for the State. Sardar Muhammad Hussain Khan for the Complainant. Date of hearing: 22nd January, 1989. This is an application for grant of pre‑arrest bail to Mst. Azmat Bibi, Rashid Ahmad and Faqir Muhammad petitioners in a case under section 420/468/471, P.P.C. registered at Police Station Liaquatpur vide F.I.R. No.187/88. The allegations against the petitioners are that after preparing false Mukhtarnama, allegedly executed by Muhammad lsa in favour of Faqir Muhammad, the petitioner namely Faqir Muhammad fraudulently, transferred the land of Muhammad Isa in favour of his mother Mst. Azmat Bibi.

2. The learned counsel for the petitioners submits that‑ a civil suit relating to the transaction of gift by Muhammad Isa through Faqir Muhammad attorney in favour of Mst. Azmat Bibi is pending before the Civil Court, and it was after the filing of this suit that Muhammad Isa has lodged false report against the petitioners and that in an inquiry conducted by the Assistant Commissioner, Sub -Registrar has stated that Mukhtarnama executed by Muhammad Isa in favour of Faqir Muhammad is a genuine document. Conversely the learned counsel for the State, assisted by the learned counsel for the complainant, has opposed the plea for the bail of the petitioners.

3. I have considered the submissions made by the learned counsel for the parties with care. I find that on the strength of Mukhtarnama dated 14‑5‑1988, allegedly executed by Muhammad Isa in favour of Faqir Muhammad, the latter has transferred the land of the former in favour of his mother Mst. Azmat Bibi as a gift and that during the inquiry conducted by the Assistant Commissioner, the Mukhtarnama dated 15‑5‑1988 m favour of Faqir Muhammad has been found to be a false document. The very fact of the transfer of the land of Muhammad Isa as a gift by Faqir Muhammad in favour of his own mother throws doubt on his bona fides, and as such it cannot be said that there are no reasonable grounds to believe that he has committed the alleged offences. For these reasons I feel that no case for grant of pre‑arrest bail to Faqir Muhammad is made out. The application to this extent is, therefore, dismissed.

4. As for Mst. Azmat Bibi and Rashid Ahmad petitioners I find that Mst. Azmat Bibi being a woman her case falls within proviso to section 497, Cr.P.C. a Rashid Ahmad has not played the major role in the occurrence. The case of Mst. Azmat Bibi and Rashid Ahmad is quite distinguishable. The interim bail-granted to them on 14‑12‑1988 is confirmed. S.A./A‑582/L Order accordingly.