Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 155---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and forgery---Pre-arrest bail, grant of---Non­cognizable offence---Failure to seek permission to conduct investigation---Accused was an old man of 75 years who had also instituted civil suit against complainant which was pending adjudication before competent Court of law--- Validity---Offences under Ss. 420 & 471 P.P.C. were bailable, while offence under S.468, P.P.C. was non-cognizable--­Investigating officer did not seek any permission from area Magistrate to carry out investigation---Accused was 75 years old and it would be unjust to send him behind the bars just to satisfy ego of complainant, particularly when there was no evidence to connect accused with commission of offences under Ss. 420, 468 & 471, P.P.C.---Pre-arrest bail was confirmed in circumstances. ORDER MAHMOOD AHMED BHATTI, J.---Major (Retd.) Kunwar Nasim Khan, petitioner seeks pre-arrest bail in case FIR No.290 dated 18-4-2014 registered under Sections 420, 464 and 471, P.P.C. at Police Station Sambrial, District Sialkot. 2. The allegation against the petitioner is that he along with his daughter, Mst. Anam Khan transferred land measuring 50 Kanals 18 Marlas to one Inayat Ullah Cheema through a registered sale-deed No.1322 dated 28-8-2013 by carrying out deception and perpetrating fraud. The precise allegation is that the complainant is owner in possession of land measuring. 3 Kanals 18 Marlas bearing Khewat No.167, Khasras Nos.627, 610 and 1572/556 as per Jamabandi of the revenue estate/Mauza Vain, Tehsil Sambarial, District Sialkot for the year 1998-1999 on which he has raised constructions, including a drawing room, four rooms, bathrooms and a Kitchen, in addition to installing electric motor. This land belonging to the complainant and the constructions built thereon are alleged to have been transferred by the petitioner and her daughter to Inayat Ullah Cheema, vendee through' the above-mentioned sale deed as well. 3. Arguments heard. Record perused. 4. From a perusal of the record, it is painfully obvious that the petitioner and his daughter made a sale of land…

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