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Criminal Miscellaneous No. 627/B of 1985, decided on 8th July, 1985.
‑--‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 468, 470, 471, 420, 218 409‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑‑Bail‑‑Accused selling land and receiving amount without having title to land sold‑ Criminal propensities of accused evident from other sale deeds as well, wherein too they had nothing for sale but received amount as consideration‑‑Offence of accused falling under section 409, Penal Code, and coming within prohibitory clause of section 497, Criminal Procedure Code‑‑Bail refused.
Muhammad Mumtaz Malik for Petitioners.
Sh. Muhammad Rahim for the State.
Muhammad Rashid Qamar for the Complainant.
The petitioners have been arrested under sections 468, 470, 471, 420, 218 s 409, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947. They have petitioned for being admitted to bail.
2. The petitioners are alleged to have sold 50 Marlas of land in favour of Muhammad Sultan, the complainant for Rs.60,000. Rs.60,000 were paid to the petitioners before the Registrar at the time of the registration of the sale deed. Subsequently, it was found that‑they did not own 50 Marlas of land and in fact, they had land measuring 30 Marlas for sale. Mulazim Hussain, Patwari Halqa, is alleged to have assured the complainant that the petitioners had 50 Marlas of land for sale. The complainant moved the Deputy Director, Anti‑Corruption, Multan for taking proceedings against Mulazim Hussain, Patwari.
3. The stand of the petitioners is that in fact they had sold 30 Marlas of land for Rs.60,000 and the complainant got recorded 50 Marlas in the sale deed which was subsequently registered. The criminal propensities of Muhammad Rafiq are evident from another sale deed which was registered in favour of Ghulam Rasool Sabir for Rs.2,00,000 and 8 Kanals of land is alleged to have been sold in his favour when he had nothing for sale with him. Another case stands registered against Rafiq. The offence under section 409, P.P.C. comes within the ambit of prohibitory clause of section 497, Cr.P.C. Serious fraud has been B alleged against the petitioners who are both real brothers. I do not feel inclined to extend the concession of bail to the petitioners anti reject their bail application.
M.Y.H. Bail refused.
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