' Petitioners seek confirmation of ad interim pre-arrest bail granted by this Court vide order 13-10- 2003 in case F.I.R. No.511 dated 15-9-2003 under sections 420, 468 and 471, P.P.C. Registered with Police Station, South Cantt., Lahore, at the instance of Nadeem Afzal.
2. Allegation against the petitioners is that Khizar Hayat petitioner was owner of some land which he sold to the complainant in 1995 for Rs.3,70,000. He executed an agreement to sell. He also executed irrevocable power of attorney in the name of Muhammad Ramzan, brother of the complainant. Subsequently, he got filed a civil suit and obtained temporary injunction and promised with the complainant that his land is safe and will be alienated in his name after the stay is vacated. During the year 2002, the case allegedly got filed by Khizar Hayat ended but due to rise in the price he sold the land to somebody else and promised the respondents to return the amount. He also issued cheque for Rs.2,00,000 and remaining amount of Rs.8,00,000 was promised to be paid but he failed. The complainant came to know that Khizar Hayat has played fraud with him, on which the complainant himself sold the land to one Jamsheed Malhi for Rs.16,00,000 out of which he obtained Rs.6,00,000 as advance amount. The complainant handed over possession of the land to said Jamsheed who when attempted to construct a wall, the petitioners along with others threatened him and matter was reported to the police and the instant case was registered.
3. After hearing the learned counsel for the complainant, I have perused the record and I find that there is no allegation for forgery in any document and using the said document as genuine. If they have played any fraud only offence under section 420, P.P.C. Is attracted, which is bailable.The dispute between the parties is purely of civil nature. The petitioners have joined the investigation, therefore, pre-arrest bail granted vide order dated 13-10-2003 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs.50,000 with one surety each in the like amount to the satisfaction of trial Court.
Pre-arrest .