Law: Criminal Procedure Code (V of 1898)

Section: 467, 498

Criminal Procedure Code (V of 1898), S. 498-Bail before arrest-Person charged with offence under S. 467, P. P. C.-High Court feeling bail should not be granted and refusing bail-Discretion not exercised by High Court improperly-Supreme Court refused to interfere with discretion of High Court. Date of hearing : 7th January 1972.                                                                                                                        JUDGMENT 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…