1972 PLP 57 (SCMR)

SALAHUDDIN AHMED, J.‑.This petition for special leave to appeal is from an order" of a learned Single Judge of the Lahore High Court, dismissing the petitioner's application for grant of bail. A case under section 380/465/467/468/471 of the Pakistan Penal Code has been registered against the petitioner. The allegations inter alia against hire are that the petitioner, in course of his duties as a Patwari, had entered mutation in respect of sale of land purported to have Wen made by one Umar son of Muslim (vendor) in favour of Ghulam Shabbir son of Muqarrab Khan, on the 16th June 1971, when as a matter of fact the vendor had died on the 7th March 1959. Furthermore that when the petitioner came to know of this detection, he removed the original mutation paper from the Tehsil Office and committed forgery on it. The petitioner had been admitted to ad interim bail before arrest by the learned Sessions Judge, Muzaffargarh on the 20th October 1971, but subsequently, on 2‑11‑1971, the said order was recalled. He, therefore, made an application under section 498 of the Criminal Procedure Code in the Lahore High Court and it was dismissed on 9‑i 1‑1971. The petitioner once again moved an application for the grant of pre‑arrest bail before the said High Court and it was again dismissed in limine on 23‑11‑1971. In his previous application before the High Court the peti tioner pleaded for bail on the ground that he was innocent and had unblemished service record for 15 years and was a respectable person. In his second application before the High Court he pleaded that he was innocent and there was a suitable move to involve him with an ulterior motive and that no offence under sections 380, 467 and 468, P. P. C. was made out and that offences under sections 465 and 471, P. P. C. were bailable. The same learned Judge of the High Court decided both the bail applica tions. In his previous order dated the 9th November 1971, the learned Judge dismissed the application on tile ground that the question whether the petitioner was innocent was one of merit and required to be decided by the trial Court upon evidence. The second application ‑was dismissed by the learned Judge for the reason that the ground that no offences were made out against the petitioner under sections 380, 467 and 468, P. P. C. was available to the petitioner and he could urge this ground earlier. Offences under sections 380, 467 and 468, P. P. C. are non bailable and offence under section 467, P. P. C. is punishable, inter alia, with transportation for life. The learned Single Judge of the High Court as well as the Sessions Judge, Muzaffargarh, who had a discretion in the matter, felt that the petitioner should not be released on bail. We do not think that the discretion has been improperly exercised. We 'see no reason to interfere with the impugned order of the High Court. The petition is accordingly dismissed. Leave refused.