Petitioners namely Hayat Khan, Mehmood Khan, Ali Sher & Falak Sher, seek bail before arrest in case FIR No, 110/07 dated 27.9.2007 under Sections 419, 468, 471. P.P.C. registered at Police Station Civil Line District Sahiwal.
2. According to FIR, the precise allegation against the petitioners is that they along with others prepared a forged agreement to sell in order to grab die complainant's land.
3. It is contended that civil suit filed by the petitioner-Hayat Khan for specific performance of the disputed agreement was filed on 21.07.2007 much before the registration of the instant case; that the instant case has been got registered by the complainant to wriggle-out of the said sale agreement. It is further submitted that even recently complainant had entered into a compromise, photostat copy of which has been placed on record, with regard to the criminal litigation and also the civil litigation. It is, thus, concluded that the matter in dispute is inherently one of civil nature.
4. On the other hand, learned counsel for the State has opposed this application whereas- the learned counsel for the ,complainant does not deny the fact of compromise through an agreement dated 14.04.2008, however, submits that both the parties resiled from the said agreement rather he has also placed on record an affidavit of Hayat Khan-petitioner with regard to the same dispute.
5. I have considered the contentious raised from both sides.
6. The proceedings of compromise between the parties which have been placed on record, prima facie, indicate that the dispute between the parties is one of civil nature which is pending in a Court of competent jurisdiction. Therefore, this application is allowed and the pre-arrest bail already granted to the petitioners vide order dated 7.03.2008 is confined subject to their furnishing fresh bail bonds in the sum of Rs, 50,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court.