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---S. 497--Penal Code (XLV of 1860), S. 406/420/471--Bail, grant of- Land in dispute lawfully mutated and duly transferred in the name of complainant but subsequently on appeal by a third party, challenging consolidation proceedings such land was allotted to him--Complainant, however, was compensated by paying back sale amount- -Co-accused already allowed bail by Trial Court--Petitioner also allowed bail, in circumstances.

S.M. Rashid for Petitioner.

Muhammad Naeem for the State.

This is a petition for post-arrest bail in 'case under section 406/420/471, P.P.C. registered against the petitioner and two others at Police Station Kuthala Sheikhan District Gujrat vide F.I.R. No. 309, dated 4-9-1986. The case was registered by the police on the orders of Assistant Commissioner, Mandi Baha-ud-Din passed on a written complaint of Muhammad Iqbal who had alleged that the petitioner alongwith his co- accused Ghulam Qadir and Nazir Ahmad Patwari had committed fraud with him in the matter of sale of land to him. His precise allegation was that Salehon petitioner had sold 18 Kanals of land to him for a sum of Rs.64,000. At the time of the sale, the land in dispute was included in consolidation Scheme No. 883 but subsequently petitioner and his co -accused changed the number of the scheme as 894 with the result that the land sold to the complainant was non-existent in the revenue record.

2. Petitioner and his co-accused Ghulam Qadir moved the learned special Judge, Anti-Corruption, Gujranwala for the grant of anticipatory bail. Learned Special Judge by order, dated 7- 4-1987 granted the pre-arrest bail to Ghulam Qadir but declined to give any relief to the petitioner holding that there were reasons to believe that he was connected with the commission of offence. Hence the present petition.

3. Learned counsel for the petitioner, submits that the petitioner had genuinely sold 18 Kanals of land comrised in Killa Nos. 22, 23 and 24(1)(min) in Square No. 148 and Mutation No. 4576 was duly sanctioned in favour of Muhammad lqbal complainant on 11-7-1985. According to the learned counsel the land sold by the petitioner was included in consolidation scheme No. 892. He points out that during the consolidation, the land in dispute was included in the Khata of Muhammad Iqbal complainant. Subsequently, however, on an appeal filed by one Mst. Munti, learned Additional Commissioner (C) vide order, dated 18-3-1986 took away Killa No.22 (8 Kanals) and 23 (min) (1 Kanal 4 Marlas) from the Khata of Muhammad Iqbal and allotted them to Mst. Munti. In support of this submission, learned counsel refers to the order of the Additional Commissioner, dated 18-3-1986 copy whereof is Annexure B' with the connected W.P. No. 361 of 1987 which the petitioner has filed in this Court to seek the quashment of the case registered against him. Contention of the learned counsel is that the petitioner has not committed any fraud in selling the land in dispute to the complainant and that the Assistant Commissioner directed the registration of the case without examining the relevant revenue/consolidation record. Further contention of the learned counsel is that even on the allegations made in the F.I.R., case under section 471, P.P.C. is not made out and as regards the offences under section 406/420, the same do not fall within the prohibition contained in section 497, Cr.P.C. It is further pointed out by the learned counsel for the petitioner that the matter has since been compromised and the petitioner has paid back Rs.36,000 to Muhammad Iqbal complainant which was only the amount which the petitioner had received. The complainant has sworn an affidavit to this effect which has been placed on the police file.

4. Learned counsel appearing for the State is unable to controvert the aforenoted submissions made by the learned counsel for the petitioner. Police Officer present in Court states that the case is still under investigation. It is not denied that co-accused Ghulam Qadir has since been allowed pre-arrest bail by the learned Special Judge. It may also be noted at this stage that the petitioner has filed W.P. No. 361 of 1987 to seek the quashment of the criminal case registered against him. Writ petition is pending and the learned Advocate-General has been asked to obtain instructions from A.C., Mandi Baha-ud-Din on whose direction, the case was registered against the petitioner.

5. In view of the submissions made by the learned counsel for the petitioner which has not been controverted by the learned counsel for the State, the case against the petitioner appears to be one o1 further enquiry. Petitioner is, therefore, entitled to grant of bail. This petition is accordingly allowed and the petitioner is admitted to bail in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner, Mandi Baha-ud Din.

S.G.D./S-63/W Bail allowed.

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