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2007 MLD 674

KHAN BAHADUR vs THE STATE

Citation2007 MLD 674
CourtLahore High Court
Case No.Criminal Miscellaneous No,6562-B of 2005
Date2005-10-15
Judge(s)Mian Muhammad Najum-uz-Zaman
ResultBail refused

ORDER

' MIAN MUHAMMAD NAJAM-UZ-ZAMAN,J.---Seeks yostarrest bail in case F.I.R. No,67 of 2005, dated 26-5-2005 for the offenceunder sections 405/420/468/471, P.P.C. Registered at Police Station Noorpur District Khushab, on the grounds that petitioner is bona fide purchaser of tractor but complainant of this case while distorting the facts with mala fide intention has got involved the petitioner in this case. Submits that petitioner never went to the Registration Authorities of his own and for the issuance of duplicate copy of registration book, in fact he was taken there by the complainant and upon asking of the complainant petitioner moved applications; there is unexplained delay of three years in lodging the F.I.R., petitioner is behind the bars since 30-6-2000 and he is no more required for further investigation. Conversely counsel for the complainant as well as State vehemently opposes the bail application.

2. Heard. File perused.

' Report from the office of Motor Registration Authorities Excise and Taxation Office, D.G. Khan, dated 4-5-2005 reveals that it was the petitioner who approached the authorities for the issuance of duplicate copy of Registration Book of the tractor in dispute and later on upon the application of the complainant the Registration Authorities cancelled the duplicate Registration Book in the name of the petitioner. Evidence available on the record reveals that after paying Rs,1,00,000 to the A complainant, the petitioner took over the possession of the tractor and later on refused to pay the remaining amount as well as misappropriated the tractor. Similarly in order to show his ownership petitioner fraudulently got issued duplicate copy of the Registration Book of the said tractor. In this view of the matter, prima facie findings ample evidence on the record connecting the petitioner with the commission of offence. I am not persuaded to entertain this application, same stands dismissed.

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