1. ' SYED ZAWWAR HUSSAIN JAFFERY, J.--- The applicants/accused seek bail in Crime No,9 of 2004 for offences punishable under sections 465, 466, 467, 468, 471/34, P.P.C. Read with section 5(2) Act-II of 1947 registered at Police Station A.C.E. Sukkur. The bail plea on behalf of the applicants/accused was dismissed on 9-4-2005 by learned Special Judge Anti-Corruption, Sukkur. The applicants have approached this Court and seek bail on the similar ground.
2. ' The applicants/accused No,1 was in charge Sub-Registrar, Sukkur whereas the applicant/accused No,2 allegedly who is the bona fide seller of the agricultural land involved in this F.I.R.
3. ' The brief facts of the prosecution case according to the F.I.R. Are that the offence had taken place in between the years 1999 to 2003 the F.I.R. Of the incident was lodged on behalf of the State through Abdul Rehman Memon, Circle Officer A.C.E., Sukkur, the contents of the F.I.R. Are reproduced hereinbelow in extenso:-- "The case is being registered as per orders of competent authority and as the result of enquiry into complaint No,GO1-6/2004 of ACE, Sukkur which was initiated on the report of Mukhtiarkar Salehpat received through District Officer Revenue, Sukkur. The allegations are that following accused Officers/officials of Revenue Department with the mala fide intention and ulterior motive with the connivance of below named 187 private persons/illegally beneficiaries prepared false record in their names and mutated Govermnent Nakabooli land measuring 2992 acres in Deh Looli Taker, Taluka Salehpat in their names during the year 1999, by mentioning bogus ex parte judgment of 29th May, 1995 (decree) of the Court of 1st Senior Civil Judge, Sukkur though in the monthly return the case is written dismissed as withdrawn on 18-8-1995 and fake order of Member, Board of Revenue, Land Utilization Department. Thereafter true copies of village Form No,VII-B of said forged entries were issued to the concerned accused persons on the basis of which an area of 1130-20 acres was sold to 8 persons namely (1) Haji Mukhtiar Ahmed Kamboh, (2) Shoukat Ali Kamboh, (3)
4. Mushtaque Ali Kamboh, (4) Ashique Ali Kamboh, (5) Muhammad Aslam Kamboh, (6) Haji Liaquat Ali Kamboh, (7) Hakim Ali Kamboh, (8) Haji Pir Muhammad Kamboh through attorneys (1) Akhtar Hussain Jat, (2) Muhammad Sadiq Maitlo and (3) Muhammad Siddique through registered sale- deeds with the connivance of Sub-Registrar, Sukkur/Kot Diji illegally against standing orders that the registered sale-deed is to be executed on sale certificate.
5. ' Name of accused officers/officials ' (1) Muhammad Moosa Jalbani, Ex-Mukhtiarkar Salehpat, (2) Anwer Din Bhatti, Former Mukhtiarkar Salehpat, (3) Aijaz Ahmed Halepoto Assistant Mukhtiarkar Salehpat, (4) Wazir Ali Behan Clerk now Assistant Mukhtiarkar, Salehpat, (5) Munshi Muhammad Yousif Sher Supervising Tapedar, (6)
6. Munshi Mir Muhammad Zangejo Tapedar, (7) Ghulam Mohiuddin Sub-Registrar, Kot Diji, (8)
7. Manzoor Ahmed Shaikh I/C Sub-Registrar, Sukkur.
8. ' Names accused private persons/illegal beneficiaries witnesses.
9. ' (1) Abdul Ghaffar son of Muhammad Mithal, (2) Abdul Khalique son of Muhammad Ismail, (3)
10. Muhammad Ishfaq son of Muhammad Ishaque, (4) Ahmed Ali son of Roshan Ali, (5) Muhammad Akram son of Roshan Ali, (6) Wahid Dino son of Ahmed Bux, (7) Ghulam Ali son of Asghar Ali, (8)
11. Muhammad Nawaz son of Ghulam Ali, (9) Muhammad Iqbal son of Muhammad Nawaz, (10) Javed Iqbal son of Ghulam Ali, (11) Abdul Qadeer son of Nawaz, (12) Haji Muhammad Ayoub son of Sadaruddin, (13) Abdul Razzak son of Sadaruddin, (14) Muhammad Ishaque son of Hai Sadaruddin,
(15) Manzoor Ahmed son of Muhammad Ashraf, (16) Muhammad Ismail son of Ghulam Ali (17) Ali Asghar son of Ismail, (18) Muhammad Bux son of Sultan Ali, (19) Muhammad Siddique son of Sultan Ali, (20) Asif son of Muhammad Ali, (21) Asghar Ali son of Muhammad Siddique, (22) Allah Wasayo son of Muhammad Moosa, (23) Ghulam Ali son of Muhammad Moosa, (24) Fazal Kareem son of Gul Muhammad, (25) Abdul Rasheed son of Ghulam Nabi, (26) Akhtar son of Yaseen, (27)
12. Muhammad Akhtar son of Fida Hussain, (28) Muhammad Ashraf son of Abdul Rasheed, (29), Gul Muhammad son of Fazal Dad, (30) Zaheer Abbas son of Muhammad Nawaz, (31) Muhammad Sharif son of Ghulam Hussain, (32) Zia-ul-Haque son of Muhammad Ashraf, (33) Muhammad Yaseen son of Ghulam Ali, (34) Tarique Mehmood son of Muhammad Ashraf, (35) Akhtar Hussain son of Muhammad Siddique (36) Muhammad Akram son of Akhtar Hussain, (37) Muhammad Afzal son of Akhtar Hussain, (38) Ashique Hussain son of Muhammad Siddique, (39) Zubair Ahmed son of Akhtar Hussain, (40), Bahadur Khan son of Jan Muhammad, (41) Bashir Ahmed son of Jan Muhammad (42) Afsar Javed son of Khuda Dad, (43) Muhammad Uris son of Haji Siddique, (44)
13. Muhammad Iqbal son of Haji Sadaruddin, (45) Muhammad Yakoob son of Haji Sadaruddin, (46)
14. Abdul Hakeem son of Muhammad Ismail, (47) Muhammad Bashir son of Muhammad Nawaz, (48)
15. Muhammad Ismail son of Misri, (49) Muhammad Yakoob son of Nawab Khan, (50) Muhammad Ayoub son of Muhammad Ashraf, (51) Mehboob son of Muhammad Khan, (52) Muhammad Ashraf son of Muhammad Khan, (53) Ghulam Abbass son of Muhammad Nawaz, (54) Ali Hassan son of Muhammad Ismail, (55) Abdul Majeed son of Gulshan, (56) Khalid Muhammad son of Muhammad Ashraf, (57) Muhammad Akram son of Muhammad Ashraf, (58) Ghulam Hussain son of Umed Ali,
(59) Imdad Ali son of Imam Bux, (60) Waheed Ali son of Imam Bux, (61) Mehboob Ali son of Paryal,
(62) Gul Hassan son of Bagh Ali, (63) Dhani Bux son of Muhammad Ismail, (64) Muhammad Saleh son of Ghulam Qadir, (65) Ghulam son of Allandad, (66) Haji son of Razi, (67) Sajjid son of Allah Bux,
(68) Qalander Bux son of Muhammad Ibrahim, (69) Ali Dino son of Khan Muhammad, (70) Haji son of Allah Bux, (71) Nawab Ali son of Muhammad Bux, (72) Khalid Hussain son of Muhammad Bux, (73)
16. Dolan son of Khawand Bux, (74) Muhammad Nawaz son of Talib, (75) Ubayo son of Meenhal, (76)
17. Zahid Hussain son of Imamdino, (77) Moosa son of Haji Khan, (78) Chanessar son of Gul Hassan,
(79) Taj Muhammad son of Faiz Muhammad, (80) Waseem Ahmed son of Taj Muhammad, (81)
18. Muhammad Parial son of Haji Mallah, (82) Bagh Ali son of Bahar Mallah, (83) Rajib Ali son of Lal Muhammad, (84) Munawar Ali son of Ghulam Rasool, (85) Muhammad Sharif son of Noor Muhammad, (86) Muhammad Siddique son of Adil, (87) Abdul Qayoom son of Abdul Rasool, (88)
19. Bahadur son of Muhammad Nawaz (89) Rahim Bux son of Saffer, (90) Karam son of Muhammad Ibrahim, (91) Amiro son of Shaman, (92) Muhammad Ali son of Hashim, (93) Muhammad Ali son of Lal Bux, (94) Eidan son of Achar, (95) Anwer Ali son of Muhammad Khan, (96) Altaf Hussain son of Muhammad Khan, (97) Karim Bux son of Gul Muhammad (98) Bachal son of Khan Muhammad,
(99) Muhammad Hussain son of Nawab Khan, (100) Ghulam Rasool son of Khan Muhammad, (101)
20. Ali Muhammad son of Karam, (102) Muhammad Moosa son of Haji Muhammad Bux, (103)
21. Muhammad Hussain son of Nawab Khan, (104) Ghulam Akber son of Gilal, (105) Gilal son of Nawab Khan, (106) Dijlbart son of Noor Muhammad, (107) Bhai Khan son of Bakhar, (108) Nawab Khan son of Mir Muhammad Khan, (109) Muhammad Uris son of Ilyas, (110) Sher Muhammad son of Muhammad Ilyas, (111) Rasool Bux son of Muhammad Ilyas, (112) Abdul Majeed son of Nabi Bux, (113)
22. Ghulam Shabbir son of Nabi Bux, (114) Imamuddin son of Nabi Bux, (115) Farman Ali son of Abdul Qadir, (116) Talib son of Sher Muhammad, (117) Ashraf son of Sher Muhammad, (118) Khair Muhammad son of Muhammad Saleh, (119) Ghulam Nabi son of Rasool Bux, (120) Haji Malhan, (121)
23. Anwer Ali son of Ali Gul, (122) Qamaruddin Shah son of Pir Muhammad Shah, (123) Sikander Ali Shah son of Fakharuddin Shah, (124) Allah Wadhayuo, (125) Zakir Hussain Shah, (126) Muhammad Pinjal son of Nabi Bux, (127) Sher Ali Hussain Shah son of Fakharuddin Shah, (128) Rano son of Ghulam Murtaza, (129) Haji Khawand Bux son of Habibullah, (130) Sher Muhammad son of Habibullah, (131)
24. Nabi Bux son of Habibullah, (132), Hadi Bux son of Moula Bux, (133) Fateh Muhammad son of Moula Bux, (134) Abdul Jabar son of Jehan Khan, (135) Hamzo son of Muhammad Hussain, (136)
25. Muhammad Pannah son of Muhammad Hussain, (137) Abdul Majeed son of Jamaluddin, (138)
26. Manthar son of Jamaluddin, (139) Pirdino son of Jamaluddin, (140) Abdul Majeed son of Manthar,
(141) Rasool Bux son of Muharram Ali, (142) Rasool Bux son of Jhangal, (143) Naeem son of Taj Muhammad, (144) Muhammad Siddique son of Allandad, (145) Muhammad Siddique son of Allandad, (146) Muhammad Sallar son of Siandad, (147) Ali Akber son of Baghan, (148) Kheno son of Baghan, (149) Shahmeer, (150) Abdul Ghafoor son of Shahmir, (151) Shahadat Ali son of Allandino,
(152) Muhammad Younis son of Asghar Ali, (154) Ghulam Abid son of Muhammad Akram, (154)
27. Muhammad Siddique son of Moula Bux, (155) Sam Bux son of Gul Hassan, (156) Mehrab son of Gul Hassan, (157) Mumtaz Ali son of Rasool Bux, (158) Muhammad Iqbal son of Wahid Bux, (159) Imtiaz All son of Muhammad Khan, (160) Shahbaz Dino son of Dhani Bux, (161) Liaquat Ali son of Lal Muhammad, (162) Imamuddin son of Bagh Ali, (163) Sanaullah son of Bagh Ali, (164) Sepahi son of Rano, (165) Muhammad Saleh son of Muhammad Sachal, (166) Qarban son of Muhammad Sachal,
(167) Ghulam Rasool son of Raza Muhammad, (168) Rahim Bux son of Ghous Bux, (169) Abdullah son of Muhammad Siddique, (170) Muhammad Nawaz son of Muhammad Ayoub, (171) 'Ramzan son of Ayoub, (172) Khan Muhammad son of Sachal, (173) Muhammad Ismail son of Raza Muhammad,
(173) Ghulam Muhammad son of Muhammad Sulleman, (175) Mir Muhammad son of Misri, (176)
28. Ishfaque son of Mir Muhammad, (177) Mukhtiar Ahmed son of Abdul Qadeer, (178) Mir son of Abdul Qadir, (179) Khuzdar son of Abdul Qadir, (180) Asadullah son of Muhammad Hussain, (181) Shahid Hussain son of Muhammad Hassan, (182) Mitho son of Wassand, (183) Alidino son of Sono, (184)
29. Bagh son of Ahmed, (185) Nawaz Muhammad son of Ahmed, (186) Sono son of Hayat.
30. ' False witnesses ' (1) Umed Ali son of Muhammad Ibrahim, Mirani, (2) Abdul Sattar son of Khushi Muhammad Kamboh, (3) Abdul Qayoom son of Abdul Ghani Qureshi. In view of above facts all the above said accused with mala fide intention and in connivance of each other, have illegally mutated the Government Nakabooli land measuring 2992 acres in Deh Looli Taker, Taluka Salehpat causing loss to Government worth Rs,29,92,00,000 and have thus, committed the offence punishable under the above said sections. Hence this F.I.R.
31. (Sd.) Abdul Rehman Memon, Circle Officer Anti-Corruption Establishment, Sukkur.
32. ' The concerned Circle Officer, Anti-Corruption, Sukkur after obtaining permission, registered the F.I.R. Arrested the applicants/ accused namely Manzoor Hussain and Ashique Ali and after due investigation interim charge-sheet has been filed in the Court having jurisdiction on 15-4-2005, hence this application for grant of bail.
33. ' Mr. Imdad Ali Awan learned counsel for the applicants has contended that the applicants are innocent and they have not committed any offence and they have no concerned at all with the alleged crime. The case against them was registered malafidely as the applicant/accused No,2 being the owner of the land in question filed Civil Suits Nos.23, 24 and 25 of 2005 which are pending adjudication before the Court of learned II-Senior Civil Judge, Sukkur against the Revenue Authorities. The applicant/accused Manzoor Hussain being Incharge, Sub-Registrar, Sukkur got the sale-deed registered according to law as envisaged in the Registration Act, 1908. After observing all the legal formalities and no offence had been committed by him. It is further urged that the names of the applicant/accused No,2 (Ashique Ali) is shown in F.I.R. At Serial No,2 who has sold the said land being the owner of the land through sale-deed. The applicant No,2 is not a public servant and he has agitated the rights guaranteed under the Constitution by way of filing Civil Suit being the subject-matter involving the land in dispute are pending before the Court of learned II-Senior Civil Judge, Sukkur for final adjudication. The question of fraud or bogus registration of sale-deed or otherwise could be determined at the time of trial of the said civil suits. The applicants/accused after their arrest were subject to investigation and after due investigation the applicants have been remanded to judicial custody by submitting entire charge-sheet. The applicants/accused are no more required for the purpose of investigation and on the basis of interim challan the applicants/accused have preferred application for grant of bail. It is further argued that the entire case against the applicants/ -accused rests upon the documentary evidence which is in the possession of the prosecution and there is no possibility of tampering with the evidence. The offence alleged to have been committed from the year 1999-2003 and the F.I.R. Of this crime was lodged on 31-3-2005. Mr. Imdad Ali Awan learned counsel for the applicants submits that as per minutes of the meeting of Anti-Corruption Committee-II, Sukkur which was held on 9-12-2004 under the Chairmanship of D.C.O. Sukkur and other concerned officials for deciding that in Complaint No,GO-06/2004 of D.C.O. Sukkur against Muhammad Moosa Jalbani the ExMukhtiarkar Salehpat and others have observed that the case should be registered against ten persons. The names of such accused are reproduced hereinbelow:-- ' (1) Muhammad Moosa Jalbani, Ex-Mukhtiarkar Salehpat. (2) Munshi Muhammad Yousif Shar Supervising Tapedar. (3) Ghulam Mohiuddin Sub-Registrar, Kot Diji. (4) Manzoor Ahmed Shaikh, I/C Sub-Registrar, Sukkur. (5) Mushtaque Ali son of Pir Muhammad Kamboh (private person). (6)
34. Hakim Ali son of Pir Muhammad, (7) Ashique Ali son of Pir Muhammad, (8) Pir Muhammad son of Muhammad Ismail, (9) Umed Ali son of Muhammad Ibrahim, Mirani, (10) Akhtar Hussain son of Muhammad Siddique, and others.
35. ' In the same complaint it is further observed by the Committee No,2 that the departmental proceedings should be initiated against the following persons (1) Anwer Ali Bhatti, Mukhtiarkar Salehpat, (2) Aijaz Ahmed (3) Wazeer Ali Behan and (4) Mir Muhammad Zangejo, Tapedar for the same part. It is further observed by the committee that the matter is sub judiced in the competent Court of law and the said Court has passed the order, for maintaining the status quo. Mr. Awan submits that in spite of clear directions by the committee the registered case against the 10 persons and departmental proceedings against 4 persons but on 31-3-2005 being Crime No,9 the F.I.R. Was registered against 187 persons and thereafter more than 200 persons have been involved in the said crime which itself is a act of high-handedness and case of ulterior motive against the applicants and others. It is further urged that according to F.I.R. The incident has taken place in between the year 1999-2003 but the land in question was given to 187 persons in the year 1991. It is further pointed out by the learned counsel that in the Civil Suit No,55 of 1989 pending in the Court of learned II-Senior Civil Judge, Sukkur filed by Muhammad Ramzan v. Government of Sindh and others. The Government officials being the respondents in the suit have preferred an application under section 12(2), C.P.C. And challenged the order passed by the trial Court with a prayer that the judgment was obtained by way of playing fraud with the Court. The said application is pending in the Court for further adjudication. Mr. Awan further submits that the names of co-accused Wazir Ali was placed by the Anti-Corruption Committee for initiating departmental action but his name has been indicted in the F.I.R. As well as in the charge-sheet, thus co-accused Wazir Ali has sought bail from the trial Court vide order, dated 28-4-2005 passed by the learned Special Judge Anti- Corruption, Sukkur. Certified copy of the order has been placed on record and the copy whereof has been supplied to Mr. Yousifi learned Assistant Advocate-General. It is further argued that the allegations made in the F.I.R. Are vague and general in nature and no specific instance of corrupt practice, fraud or forgery has been mentioned against the applicants/accused in the F.I.R. It is further pointed out that Anti-Corruption Committee-II has not given any authority to the complainant to lodge the F.I.R. Against more than 200 persons whereas it was observed by the Anti-Corruption Committee-II that case of four official accused to be dealt with departmentally but they have been cited in the F.I.R. As well as in the charge-sheet with mala fide intentions and lodged the F.I.R. Without lawful authority and beyond his jurisdiction. Mr. Awan learned counsel for the applicants submits that as per Sindh Inquiry and Anti-Corruption Rules, 1993 that no permission of arrest was obtained from the competent authority as envisaged under Rule 13 of Sindh Inquiry Anti-Corruption Rules, 1993 the act of the Investigating Officer is without lawful authority. Mr. Awan has further pointed out that as per sale-deed the agricultural land area 48-00 acres out of U.A. No,I of Deh Lolai, Taluka Rohri was registered on 5-4-2003 and according to the documents it has been observed at page No,3 in the Part-I that vendees are absolute owners of the property fully described in the trial of these deeds, according to the rights and certified of the concerned Mukhtiarkar is attached with this deed. There is another sale-deed dated 8-4-2003 executed by Ashique Ali being attorney of the vendor that vendees are absolute owners of the property fully described on the title of this deed and according to the rights and certificate of the concerned Mukhtiarkar attached with the deed. The applicant No,1 has not committed the offence for embezzlement of amount but there was sale and purchase between the private parties on the basis of due consideration and the sale-deed was registered by the applicant No,1 being authorized officer therefore, no offence has been committed by him. Mr. Anwar submits that the F.I.R. Was lodged malafidely at the instance of Revenue Authorities as some influential persons were persuaded the Revenue Authorities to register case so that the land may be snatched from the poor local Haries who had developed the land with their hard labour. It is further argued by the learned counsel for the applicants/accused that the application of sections 465 and 471, P.P.C. Are punishable R.I. For 2 years and are bailable, whereas sections 466, 468 are punishable for 7 years and does not fall within ambit of prohibitory clause, whereas section 467 is punishable for 10 years and the applicants/accused No,1 has not fabricated the documents but there was contract between seller and purchaser regarding the land involved in the F.I.R. As they were owners of the land.
36. ' Mr. Awan Ali Awan learned counsel for the applicants in support of his propositions has relied upon case of Saeed Ahmed v. The State 1996 SCM R 1132; Fazal Illahi and another v. The State 2004 SCM R 235; Saeed Ahmed v. The State 1995 SCM R 170 and case of Sharafuddin v. The State 2001 YLR 812.
37. ' Conversely Mr. Muhammad Mehmood, S. Khan Yousifi, learned Assistant Advocate-General has opposed this application and submits that the F.I.R. Of this case was registered after obtaining sanction from the competent authority and the names of the applicants/accused transpire in the F.I.R. The agricultural land was wrongly mutated in the names of the accused persons and forged ex parte judgment was obtained from the Court of learned 1st Senior Civil Judge, Sukkur and mutation was affected in their names in Form No,VII an area of 1130-20 acres was sold to 8 persons namely Haji Mukhtiar Ahmed Kamboh, Shoukat Ali Kamboh, Muhammad Ali Kamboh, Ashique Ali Kamboh, Muhammad Aslam Kamboh, Haji Liaquat Ali Kamboh, Hakim Ali Kamboh and Haji Pir Muhammad Kamboh through their attorney namely Akhtar Hussain and Muhammad Siddique Maitlo through registered sale-deed with connivance of Sub-Registrar Sukkur and Kot Diji instead of producing the sale certificate by Mukhtiarkar. Mr. Yousifi along with officials of the Anti- Corruption Authorities is unable to produce that sanction was obtained from the competent authority for arrest of the applicants/accused as observed in Rule 13 of Anti-Corruption Inquiry Rules. Mr. Yousifi submits that there is letter on record but such sanction was accorded, it has been mentioned in the F.I.R. The Circle Officer present in the Court and stated that such order of sanction is available in the office record. Mr. Yousifi further submits that 9 witnesses have been examined during the course of investigation and all of them have implicated the applicants/accused and other co-accused in the commission of the offence.
38. ' I have heard the learned counsel for the respective parties, examined the material placed on record and the case-law cited at bar. Admittedly as meeting of the Anti-Corruption Committee No,2 Sukkur was conveyed on 9-12-2004 under the directions of the D.C.O., Sukkur in presence of Secretary, Member of the co-opted meter and it was resolved that in complaint No,G0-06/2004 of D.C.O., Sukkur agreed the approval for registration of the F.I.R. For case against 10 persons. It was further observed by the Committee that departmental proceedings should be initiated against 4 persons. Although against whom committee had observed to initiate departmental proceedings were also indicted as accused in the F.I.R. Accused Wazir Ali Behan preferred the bail application in the Special Case No,65 of 2005 in the Court of Special Judge Anti-Corruption, Sukkur and sought bail on 28-4-2005. During the course of arguments learned Assistant Advocate-General also submitted photostat copy of the minutes of the meeting dated 29-3-2005 that case be registered against 14 persons and other private persons being beneficiaries but it is surprising to state that the case was also registered against 4 persons who were not approved by the Committee for trial but it was observed that departmental action be taken against them. The case entirely depends upon the documentary evidence which seems to be in possession of the prosecution and interim charge has already been filed and there is no possibility of tampering with the evidence which is entirely documentary in nature. From the perusal of sale-deed placed A before this Court it is specifically stated in the sale-deed that vendees are the owners of the land and they have placed documentary evidence to show that they are owners of the land and certificate of Mukhtiarkar is also appended. It will be advantageous to reproduce section 17 of the Registration Act (XVI of 1908).
17. Documents of which registration is compulsory.--- (1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which Act No,XVI of 1864 of the Registration Act, 1866 or the Registration Act, 1871 or the Registration Act, 1877, or this Act came or comes into force, namely:--
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future any right, title or interest, whether vested or contingent of the value of one hundred rupees and upwards, to or in immovable property; ' Explanation.--- In the case of an assignment of the mortgage the consideration for the deed of assignment shall be deemed to be the value for Registration:---
(c) non-testamentary instruments other than the acknowledgement of a receipt or payment made in respect of any transaction to which an instrument registered under clause (a) relates which acknowledge the receipt of payment of any consideration on account of the creation, declaration, assignment, limitation' or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
(e) non-testamentary instruments transferring of assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; ' As per allegations in the F.I.R. Sections 465, 471, P.P.C. Are bailable whereas sections 466 and 468, P.P.C. Are punishable for 7 years whereas section 467, P.P.C. Is punishable for 10 years. The allegation as alleged against the applicants Nos.1 and 2 regarding the fabrication of the documents will be established in the trial Court and while recording the evidence and it is yet to be proved in the trial Court about the complicity of the documents involved in this case. The offence as inserted in the F.I.R. Does not fall within prohibitory clause except section 467, P.P.C. The applicants/accused are no more required for further inquiry. The trial Court has already granted bail to co-accused Wazir Ali and Umed Ali. As per charge-sheet Muhammad Ibrahim Mallah, Haji Liaquat Ali, Haji Mukhtiar Ahmed, Abdul Sattar, Muhammad Sadiq and Muhammad Siddique are on bail. I am of the view that the learned Special Judge Anti-Corruption Sukkur has wrongly presumed at bail stage that the prima facie case for forgery has been made out and get prepared forged documents regarding the sale of land with regarding to evidence regarding the allegations.
39. Keeping in view all the material collected during the course of investigation and the dicta laid down by the Honourable apex Courts as well as this Court, the applicants/accused have made out a case for intervention. Learned Assistant Advocate-General during the course of his arguments has conceded that the applicants/accused No,1 registered sale-deed on the basis of VF-VII and other documents regarding the ownership which was made in the year 1991 as the land was given to 187 peasants. Resultantly I am of the view that the applicants are entitled for the concession of bail subject to furnishing solvent surety in the sum of Rs,2,00,000 (Two hundred thousand only) each and P.R. Bond in the like amount to the satisfaction of trial Court.
40. ' Criminal Bail application No, S/187 of 2005 stands disposed of.