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Criminal Miscellaneous No. 1 of 1985, decided on 16th September, 1985.

‑‑‑S'. 497‑‑Bail, grant of‑‑Question as to who was in possession of disputed property when F.I.R. lodged, required consideration‑ Petitioners allowed bail in circumstances.

Ch. Muhammad Hussain Chhachhar for Petitioner.

Date of hearing: 16th September, 1985.

Prosecution has led no evidence to prove that possession was ever obtained from Mst. Khurshid Begum, sister of Shaukat Ali accused who claimed to be in possession of Government land. Admittedly her appeal before the Additional Commissioner (Settlement) was decided during the pendency of this case and her claim was not accepted and the Ihata was cancelled from Ismail's name. There being no evidence of the delivery of actual physical possession of the Ihata, the question as to who was in possession at the time when the F.I.R. was made requires consideration. Admit. Notice.

2. The question whether after exercise of jurisdiction under section 439‑A, Cr.P.C. by the Sessions Judge, a revision is competent under consideration before a Special Bench. This revision petition be heard alongwith those cases.

3. Notice to the State for today after the break.

In view of the admitting order of today, petitioners are allowed bail in the sum of Rs.5,000 with two sureties and in the like amount to the satisfaction of Duty Magistrate, Okara.

S. G. D. Bail allowed.

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