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Criminal Miscellaneous No. 3474/8 of 1986, decided on 17th January, 1987.
‑‑‑S. 498‑‑Penal Code (XLV of 1860), Ss.419, 420, 468 & 471‑‑Pre‑arrest bail, grant of‑‑Dispute over double sale of land by two agreements to sell‑‑Accused allegedly scribe of subsequent agreement and witness to signatures of co‑accused the general‑attorney of owners of land‑ Accused, being not involved in double sale of land, interim pre‑arrest bail was confirmed in circumstances.
Ch. Naseem Sabir for Petitioner.
Azmat Dad Khan for the State.
This is a petition under section 498, Cr.P.C. by Noor Ahmad, petitioner, for pre‑arrest bail in respect of a case instituted against him and four others under section 471/468/419/420, P.P.C. at Police Station Mandi Bahauddin on 3‑7‑1986.
2. The prosecution case in brief is that Jita and Rashid agreed to sell 13 Kanals 12 Marlas of their land to Suleman for a sum of Rupees sixty thousand (Rs.60,000) vide agreement for sale executed on 5‑8‑1984, but that thereafter they agreed to sell the same land to one Muhammad Khalil for Rupees twenty‑four thousand (Rs.24,000) vide agreement for sale, dated 24‑9‑1984. It is alleged that whilst the first agreement for sale, dated 5‑8‑1984 was executed by Jita and Rashid, the owners themselves, the subsequent agreement for sale, dated 24‑9‑1984 was executed by one Kher Din, co‑accused, as general attorney of Jita and Rashid.
3. It is the prosecution case that Noor Ahmad, petitioner, was the scribe of the agreement for sale, dated 24‑9‑1984 and also witnessed the signature of Kher Din, the alleged general attorney.
4. I have heard the arguments of the learned counsel for the petitioner and the State and have perused the police file. It is obvious that Noor Ahmad, petitioner, is not in any way involved in the double sale of the land by Jita and Rashid. In the circumstances, the interim pre‑arrest bail allowed to Noor Ahmad, petitioner, by me on 10‑12‑1986, is hereby confirmed.
S.A./N‑2/L Bail confirmed.
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