CH. IFTIKHAR HUSSAIN, J. ~ Petitioner Muhammad Azeem through the instant petition has prayed for post-arrest bail in case F.I.R. No. 820 registered under Sections 420/467/468/471, P.P.C. With Police Station Rail Bazar, Faisalabad on 6.12.2010. It was on the written application of respondent No. 2/complainant.
2. He in the F.I.R. Has alleged that about three years ago, he vide agreement to sell No. 852, dated 8.10.2007 purchased 201-K & 11-M Marlas land in Chak No. 280-R.B., Tehsil and District Faisalabad under Gujranwala Cantt. Scheme from Muhammad Azeem as general attorney in presence of the witnesses for Rs. 40,00,000/-. Muhammad Azeem received that amount and promised to get transferred that land in his favour and to deliver the possession of the same to him. He (complainant) when initiated proceedings to get transferred the land in his name under Section 19 of the Colonization of the Lands Act, Muhammad Azeem with intention to defraud him and mala fide sold that land to Muhammad Saleem, Barkat Ali and Ghulam Farid vide agreement No. 272, dated 17.6.2010. He in connivance with Muhammad Saleem and others used those agreements in Civil Court. He in this way has not only defrauded him but also caused financial loss of lacs of rupees and forged the documents. Hence, the case.
3. After hearing the learned counsel for the parties and perusing the record, I find that the petitioner as per the story of the complainant in the F.I.R. In the main character behind the above-said fraud and forgery. He according to the same has also used those forged agreements in the Civil Court.
4. He statedly is involved in two other cases of the type. These cases are F.I.R. No. 41 registered under Sections 420/468/471, P.P.C. With Police Station, A-Division, Sheikhupura on 14.1.2009 and F.I.R.
No. 231 registered under Section 409/420/468/471, P.P.C. With Police Station Saddar, Sheikhupura on 17.3.2009.
5. He, thus, ex-facie is a habitual person in the matter of the type.
6. The offence under Section 467, P.P.C. Is covered under the prohibitory clause of Section 497(1), Cr.P.C., I, therefore, see no ground to enlarge him on bail at this stage. The petition, therefore, is dismissed.