Law:

Section:

Criminal Procedure Code (V of 1898)------- S. 497--- Penal Code (XLV of 1860), S.420/467147 1 ---Constitution of Pakistan (1973), Art.185(3) --- Bail --- High Court had dismissed the bail applications of accused for non-prosecution --- If the High Court had considered the presence of accused on each and every date of hearing necessary or appropriate, it was required to have given the clear direction to remain present on the fixed dates, but it was not done which might have created a confusion in the minds of accused to appear or not to appear before the Court on the relevant date --- No decision on merits was given by High Court on the bail application which was, undoubtedly, called for in the given situation--- Petition for leave to appeal were consequently converted into appeals and allowed with the direction to High Court to decide the bail application of accused expeditiously on merits 'in accordance with law. JUDGMENT RAJA AFRASIAB KHAN, J.---On 2nd of July, 1995 at 8-00 p.m. a case under section 471/420/467, P.P.C. was registered against Muhammad Saleem Akhtar and Zarneer Hussain on the written information of Mir Fazal about an occurrence which took place about 1-1/2 months ago with Police Station Civil Lines District Rawalpindi vide F.I.R. No.380 of 1995. According to the allegations, Mir Fazal was the owner of 500 Kanals of agricultural land in District Islamabad. He was deprived of the said land by the accused on the basis of a forged power of attorney having been prepared in favour of Muhammad Nawaz who, in turn sold 407 Kanals 10 Marlas of land of the complainant on the basis of Mutation Nos.511 and 512. . In lieu thereof, he received Rs. 1,22,00,000 (rupees one crore and twenty-two lacs) from the vendees. It was alleged that no such power of attorney was ever executed by the complainant. Raja Ghulam Mustafa, Muhammad Zafar Hussain, Zarnir Hussain and Muhammad Salim were also alleged to have participated in the commission of the offences. Muhammad Zamir, the petitioner in Cr.P. No.57 of 1996 was released on bail by Magistrate Section 30,vide order, dated 23rd of July, 1995. An Additional Sessions Judge, Rawalpindi vide his order, dated 31st of…

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