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Criminal Miscellaneous No. 484/13 of 1984, decided on 2nd June, 1985.
(a) Criminal Procedure Code (V of 1898)--
---S.497--Penal Code (XLV of 1860), Ss.419, 420, 468, 471 & 109--Bail grant of--Co-accused already bailed out--Accused in judicial lock-up for seven months--Nothing left to be recovered from him--Challan not complete--Time, when police would be in a position to submit challan not known--Question whether accused was involved in manufacturing bogus record required further inquiry--Bail allowed.
(b) Criminal Procedure Code (V of 1898)--
---S.497--Penal Code (XLV of 1860), Ss.419, 420, 468, 471 & 109--Bail cannot be refused as a matter of punishment.
Asif Saeed Khosa for Petitioner.
Ataullah Khan with Amir Bakhsh for the State.
Date of hearing: 2nd June, 1985.
The petitioner is involved in a case under section 419/420/468/471, P.P.C. read with 109, P.P.C alongwith his co-accused. The allegation against the petitioner is that the land purchased by him, vide registered sale-deed, dated 25-3-1981 was never allotted to the ostensible allottees as RL-11 No.109, in the name of the allottees said to have been prepared and confirmed in 1973 was bogus. The revenue officers and the Tehsildar who have been made accused in the case have already been bailed out. A The petitioner is in the judicial lock-up for the last 7 months. Nothing is to be recovered from him. The challan is not yet complete. Learned State counsel is not in a position to state as to when the police will be in a position to submit the challan in Court. The question whether the b petitioner was involved in manufacturing the record requires further probe. Bail cannot be refused as a matter of punishment. The petitioner, is, therefore, entitled to be released on bail. The petitioner shall be released on bail subject to his furnishing bail bond in the sum of Rs.30, 000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Chaubara.
H. A. K.
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