Law: Criminal Procedure Code (V of 1898)

Section: 498,497

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Criminal Procedure Code, 1898 (V of 1898)------Ss. 498 & 497--Pakistan Penal Code (XLV of 1860), Ss. 420, 468 & 471--Bail before arrest, granted--Held: Petitioner was the owner in possession of the land as well as the ice factory constructed thereupon--Complainant despite repeated reminders was not producing any document of title in respect of property in question--Offences mentioned in FIR were prima facie not attracted to the case of the petitioners and not punishable with death, transportation for life or ten years imprisonment, grant of bail is a rule and refusal is an exception--Petition accepted. Order This order will dispose of Crl. Misc. No. 4340-B of 2006 filed by Tahir Mahmud and Crl. Misc. No. 4365-B of 2006 filed by Muhammad Siddique petitioners seeking bail before arrest in case FIR No. 523 dated 11.12.2005 under Sections 420, 468 471 PPC registered at Police Station Barki District Lahore. 2. The brief facts of the case are that one Abdul Jabbar purchased a piece of land measuring 27 Kanals 19 Marlas situate at Baidian Road, Lahore vide agreement to sell dated 30.7.2005 for a consideration of Rs. 1,40,00,000/- from one Ali Asghar son of Jalal Din. The complainant after a lapse of few days visited the said land and found that Tahir Mahmud petitioner was in occupation of the said land and that the boundary wall of the complainant had also been damaged by the petitioners. The complainant further stated that Tahir Mahmud petitioner in league with Muhammad Siddique petitioner and his brother Muhammad Shafi sons of Muhammad Ismail had prepared false documents and on the basis of the said documents Tahir Mahmud petitioner had illegally occupied the land in question. 3. Mr. Munir Ahmad Bhatti and Rana Muhammad Akram Khan Advocates, learned counsel for the petitioners contended that in fact the property in question was not a vacant piece of land but was in fact an Ice Factory which had been purchased by the petitioner from one Muhammad Rashid Pervaiz Wing Commander on 1.12.1992 and Mutation No. 1161 was also entered in his name in the revenue record in January 1993; that Ali Asghar from whom the complainant had purportedly purchased the land in…

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