2004 P Cr (PLP)

S. 498

Penal Code (XLV of 1860); Ss. 420/468/471/477-A

Pre arrest bail

Prosecution story was clouded under doubt

F.I.R. was not registered by the Anti-Corruption Department, but a regular F.I.R. was registered under the directions of D.P.O.

State Counsel had conceded to the grant of pre-arrest bail to the accused

Accused was to be humiliated, disgraced and subjected to torture by the police if he was arrested in the case

Pre-arrest bail was granted to accused in circumstances. Muhammad Saleem Jessar for Applicant. Muhammad Ismail Bhutto for the State. Applicant Abdul Qadir has been charge-sheeted for offences under sections 420, 468, 471 and 477-A, P.P.C. in Crime No. 10 of 2003 registered at Police Station, Dokri on 18-3-2003 as per direction of D.P.O., Larkana and T.P.O. Dokri. The applicant has preferred this bail application for seeking, pre-arrest bail as his bail application was dismissed on 23-10-2003 by the learned IInd Additional Sessions Judge, It is urged by the learned counsel for the applicant that one. Haji Muhammad Dawood had filed miscellaneous application before the Commissioner, Larkana Division, Larkana alleging therein that he is cultivating possession of Serial No.26/2 of Deh Yaroo Lakhair. The said land was originally belonged to Hindu; which was converted to Central Government and it was fraudulently transferred to claimants Shahid Ali, Mst. Shahida Begum and Mst., Mehmooda Begum under Rehabilitation Scheme. Later on, the land in question was transferred to the father of the applicant/accused Abdul Qadir and Shamasuddin and Khata is still intact in the name of Muhammad Parial and Channesar, as the applicant/accused and his brother intended to eject the encroacher, the said application was filed, which came up before the Commissioner, Larkana Division, Larkana on 5-10-2000 and the Entry No.5 of Dakhal Kharij was cancelled with a direction to include the land in schedule for allotment of eligible tenants as per Land Grant Policy. It was said in the order that the Deputy Director, Anti-Corruption Establishment, Larkana will register a case against the delinquent involved in Entry No.5 of the Dakhal Kharij Register. Mr. Jessar further submits that as per Entry No.5 of Dakhal Kharij Register the applicant/accused and his brother Shamsuddin are not party and mentioning their names in the F.I.R. is without substance. He further submits that the applicant Abdul Qadir and co-accused Shamasuddin are sons of Muhammad Parial and up to this time the name of Muhammad Parial is existed in the Form VII and registered sale-deed. is intact. It is further urged by the learned counsel that the Commissioner, Larkana Division, Larkana was not empowered to cancel the Entry No.5 of Dakhal Kharij Register on 5-10-2000 and the Evacuee Laws have been repealed in the month of April, 1974 and the order passed by the Commissioner is without lawful authority, since order passed by the learned Commissioner has already been challenged before the Member, Board of Revenue and the status. Quo has been maintained and the same .order will be adjudged by the Board of Revenue. Mr. Muhammad Ismail Bhutto, learned State Counsel has conceded the factual position and raised no objection. It is settled law of criminal justice that every accused would be presumed to be blue-eyed boy of the law until and unless he may, be A found guilty of the charge, but in the instant case while prosecution story is clouded under doubt and the F.I.R. was not registered by the Anti Corruption Department, but a regular F.I.R. was registered under the directions of D.P.O. Larkana and T.P.O. Dokri on 18-3-2003 when there was direction by the Commissioner, Larkana Division, Larkana on 5th November, 2000. In view of the grounds urged by the learned counsel for the applicant/accused and conceded by the learned State Counsel, the applicant has made out a case for grant of pre-arrest bail, as he will be humiliated, disgraced and subject to torture, if he is arrested in this case, C therefore, I am of the considered view that the applicant/accused is eligible to be admitted to pre-arrest bail. Accordingly; bail is granted to him in the sum of Rs.50,000 and P.R. Bond in the like amount, to the satisfaction of Additional Registrar of this Court. The Criminal Bail Application No.506 of 2003 stands disposed of. N.H.Q./A-103/K Bail granted.