Ss. 420, 468, 471--Pre-arrest bail, dismissal of--Allegation of--Prepared a bogus agreement to sell regarding land-

 PLJ 2021 Cr.C. (Note) 100

Criminal Procedure Code, 1898 (V of 1898)--

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 420, 468, 471--Pre-arrest bail, dismissal of--Allegation of--Prepared a bogus agreement to sell regarding land--Special power of attorney basically meant to defend legal proceedings qua property in issue was executed by complainant in favour of petitioner Shehzad Sarwar on 04.08.2016 which was revoked on 20.08.2016 but despite of that invalidation disputed agreement to sell was executed by petitioner Shehzad Sarwar in favour of Muhammad Shakeel, Petitioner No. 2 on 04.10.2016--Though clause (5) of special power of attorney mentioned in copy of same presented by learned counsel for petitioners empowers petitioner Shahzad Sarwar to enter into agreement to sell yet in contravention of same, clause (5) given in copy of special power of attorney provided by learned counsel for, complainant reflects otherwise--During up-to-date investigation both petitioners have been found connected with alleged offence--No mala fide on part of complainant or Investigation Agency could be hinted at and this Court does not find any special circumstances in favour of petitioners required for grant of extra ordinary relief of pre-arrest bail--Hence, instant petition is dismissed and ad-interim pre-arrest bail already granted to petitioners is recalled.                        [Para 4] A

Rana Asif Saeed, Advocate along with Petitioners.

Malik Aftab Abbas Khan, Advocate for Complainant.

Mr. Abdul Qayyum, Addl. Prosecutor General for State.

Date of hearing: 10.1.2017.

 PLJ 2021 Cr.C. (Note) 100
[Lahore High Court, Multan Bench]
Present: Syed shahbaz Ali Rizvi, J.
SHEHZAD SARWAR and another--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 7063/B of 2016, decided on 10.1.2017.

Order

Through this petition, Shehzad Sarwar and Muhammad Shakeel the petitioners seek pre-arrest bail in case FIR No. 631 dated 11.11.2016 registered for offences under Sections 420, 468 & 471 of Pakistan Penal Code, 1860 at Police Station City Khanewal, District Khahewal.

2. The allegation, in brief, against the petitioners as per story narrated in the crime report is that they being connived with each other prepared a bogus agreement to sell regarding the land owned by the complainant on the basis of special power of attorney, already revoked by the complainant.

3. Arguments heard. Crime report and impugned order perused.

4. The special power of attorney basically meant to defend legal proceedings qua the property in issue was executed by the complainant in favour of petitioner Shehzad Sarwar on 04.08.2016 which was revoked on 20.08.2016 but despite of that invalidation the disputed agreement to sell was executed by petitioner Shehzad Sarwar in favour of Muhammad Shakeel, Petitioner No. 2 on 04.10.2016. Though clause (5) of the special power of attorney mentioned in the copy of the same presented by learned counsel for the petitioners empowers the petitioner Shahzad Sarwar to enter into agreement to sell yet in contravention of the same, clause (5) given in copy of special power of attorney provided by learned counsel for the complainant reflects otherwise. During up-to-date investigation both the petitioners have been found connected with the alleged offence. No mala fide on the part of the complainant or the Investigation Agency could be hinted at and this Court does not find any special circumstances in favour of the petitioners required for the grant of extra ordinary relief of pre-arrest bail. Hence, the instant petition is dismissed and ad-interim pre-arrest bail already granted to the petitioners is recalled.

(A.A.K.)          Bail dismissed