Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 420, 468 471--Bail before arrest, grant of--Mutation was sanctioned in favour of the husband of the complainant but the dispute relates to the handing over of possession of said plot measuring 10 marlas is pending--Case of the petitioner is that he is not named in the FIR and has not alleged to have any forged document--Suit for possession of the said plot has been filed--These facts suggest that the possession can be taken on the basis of suit for possession if the said mutation is still intact--Mala fide of the complainant is apparent as the matter of civil litigation is stretched into criminal litigation--Bail was allowed. ORDER The petitioner seeks pre-arrest bail in case-FIR No. 174/2019. dated 13.03.2019, under Sections 420, 468, 471, PPC, registered at Police Station Saddar Burewala, District Vehari on the allegation that deceased husband of the Complainant, a police official died during service who had purchased 10 marla plot in Chak Nos. 259/EB, Tehsil Burewala out of Khewat No. 65/65, Khatooni Nos. 282 to 284 from co-accused Muhammad Usman who also executed an agreement on 04.11.2011 before the Sub-Registrar. A mutation No. 3259 was also entered but when the complainant demanded possession of said plot, he refused, hence this FIR. 2. After hearing the learned counsel for the petitioner, learned Additional Prosecutor General and perusing the file, it is straightaway observed that mutation No. 3259 was sanctioned in favour of the husband of the complainant but the dispute relates to the handing over of possession of said plot measuring 10 marlas is pending. Muhammad Usman was granted pre-arrest bail by the Court of learned Additional Sessions Judge but vide order dated 08.12.2020 passed by this Court in this petition, a notice was issued to him for recalling of the bail granting order. His case is that the possession was handed over to the complainant but later a suit for specific performance was filed by one Asif Mehmood against Maqbool Ahmad/petitioner in respect of mutation No 2335 of plot measuring 18 marlas, therefore, possession can be taken in…

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