2007 PLP 2071 (YLR)

M. A. SHAHID SIDDIQUI, J.

Muhammad Bashir alias Bakola, his five sons, namely, Muhammad Irfan, Muhammad Rizwan, Muhammad Imran, Muhammad Nazir alias Jeera, Muhammad Shaban alia Jagoo and one Sheikh Shahid son of Sheikh Abdul Hameed through this petition applied for bail before arrest in case F.I.R. No.1231 of 2006 dated 14-10-2006 registered at Police Station Lower Mall, Lahore- under sections 420/ 468/471, P.P.C.

2. According to the F.I.R. Chiragh Din, the predecessor-in-interest of petitioners Nos.1 to 6 had sold a piece of land to Mian Iftikhar-ud-Din, complainant through a registered sale-deed dated 16-5-1973 and had delivered its possession to the complainant. The said sale-deed was also given effect in the Revenue Record through mutation No.5473 dated 25-6-1973. A dispute arose between the vendee and the Evacuee Trust Property Department which ended after 26 years. The petitioners neither became party to the proceedings nor did they produce any document. Allegedly the petitioners prepared a forged registered sale-deed dated 23-12-1972 showing alienation of the disputed land in favour of Sheikh Abdul Hameed son of Ghulam Natti (father of Sheikh Shahid/petitioner No.7). On the basis of this sale-deed Muhammad Irfan/petitioner No.2 obtained got registered a general power of attorney in his' favour from the legal heirs of Sheikh Abdul Hameed and filed a suit for declaration in the Court of Civil Judge, Lahore and obtained an ex parte decree deceitfully on 17-7-2006. The complainant applied for a copy of the said sale-deed dated 23-12-1972 which the Sub-Registrar declined to supply. An application for setting aside the ex parte decree is stated to be pending adjudication.

3. After hearing the learned counsel for the parties at length and going through the record it has been found that the petitioners do not appear to be concerned with the preparation of the alleged forged sale-deed dated 23-12-1972. It was executed more than 30 years ago by Chiragh Din in favour of Sheikh Abdul Hameed in the presence of two marginal witnesses, namely, Chiragh Muhammad son of Nathu Khan, Muhammad Ibrahim son of Karam Din and the executent was identified by Ghulam Hussain. Muhammad Irfan/ petitioner No.2 is the person in whose favour the legal heirs of Sheikh Abdul 1 Hameed had executed the general power of attorney on the basis of which petitioner No.2 brought a civil suit on behalf of Mst. Shafqat Hameed and three other legal heirs of late Sheikh Abdul Hameed. In this way the petitioners do not appear to be directly involved in the preparation of the sale-deed dated 23-12-1972. During the pendency of this petition the original record of the office of Sub-Registrar pertaining to the disputed document was also requisitioned for examination. Tanvir Ahmed Warraich, Sub-Registrar appeared before this Court on 15-12-2006 and produced the original Bahi Khata in which a copy of the original sale-deed was found on the relevant pages. The Sub-Registrar, however, could not produce the receipt book showing payment of registration fee and also index register so the plea of the, accused that the disputed document had been registered in accordance with law was not found to be altogether unfounded.

4. In view of the record of Sub-Registrar the Investigating Officer got the signatures of the executent compared with the signatures of Chiragh Din on another registered document. As per report of the Forensic Science Laboratory the signatures on the sale-deed dated 23-12-1972 were different in certain characteristics with the signatures on the registered Hiba Nam. This report alone cannot be considered as sufficient at this stage to demolish the presumption attached to a document which is more than 30 years old. Even otherwise the petitioners are not directly linked with the disputed document, therefore, I consider it a fit case for allowing the concession of pre-arrest bail to the petitioners. This petition is allowed and the ad interim pre-arrest bail already granted to the petitioners is hereby confirmed. H.B.T./M-302/L Bail confirmed.