Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), Ss.467, 468, 471, 472 & 473---Constitution of Pakistan, Art.185(3)---Bail, grant of---Petitioners who were taken into custody, their applications for bail were dismissed by the Trial Court and High Court---Validity---Section 467, P.P.C. not being involved, allegations against the petitioners, could at best indicate an offence under S.471, P.P.C. read with S.466, P.P.C. being not punishable with imprisonment for ten years or above---High Court completely overlooked the elementary principle that bail was not to be withheld as punishment and its grant in such offences, was the rule and not an exception---Fact that the complainant happened to be 'Tapedar' and being able of using his influence with Revenue Authorities, required the court to act with great caution---Prosecutor General fairly conceded that he was unable to support the impugned order---Petition was converted into appeal and was allowed directing that each of the petitioners be released on bail. Muhammad Ashraf Laghari, Advocate Supreme Court and Suleman Habibullah, Advocate-on-Record for Petitioners. Shahadat Awan, P.G. Sindh for the State. Complainant in person. Date of hearing: 4th December, 2008. ORDER SABIHUDDIN AHMED, J.---This petition is directed against an order of the High Court of Sindh dated 16-10-2008 in Criminal Bail Application No.541 of 2008. 2. The facts appear to be that the petitioner No.l filed a civil suit in the Court of Senior Civil Judge, Mehar claiming that he was the owner and in possession of a particular piece of land purchased from the father of the complainant through a registered sale deed. Nevertheless, the revenue authorities were not recording entries in his name at the behest of the complainant who was a Tapedar. Accordingly, he prayed for declaration and mandatory injunctions to protect his interests requiring the Mukhtiarkar to perform his duties under the law. Upon receipt of summons the complainant obtained a certificate from the sub-Registrar to the effect that the sale deed appears to be a forged document and after, obtaining order, from the Sessions Judge, Dadu got, an F.I.R. registered…

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