This is an application for bail by Muhammad Sabir petitioner in case under section 468/471/420/218, P.P.C. And section 5(2) of the Prevention of Corruption Act, 1947 registered at Police Station Kot Samaba, vide F.I.R. No. 214/84, dated 6-11-1984.
2. The prosecution case is that Nazar Muhammad Patwari co-accused in connivance with Muhammad Sabir, Girdawar the petitioner had removed Mutation No. 115 which had been sanctioned on 30-6-1982, from the Register and substituted a fresh mutation for it.
3. The learned counsel for the petitioner submits that the petitioner is an old man of 58 years; that he had been compulsorily retired three months before the lodging of the report; that there is no evidence of any conspiracy between Patwari and the petitioner; that there is no direct evidence of the removal of Mutation No.115 from register, by Patwari or by petitioner and that the alleged offences do not fall within the prohibitory clause of section 497, Cr.P.C. On the other hand the learned counsel for the State has opposed the plea for the bail of the petitioner on the ground that the alleged offence is serious one.
4. I have considered the arguments advanced by the learned counsel the parties with care. I find that the petitioner was arrested on 23-2-1984; that he is now detained in the judicial lock-up and is no more required for investigation; that the challan has not been submitted so far and that the alleged offences do not fall within the prohibitory clause of section 497, Cr.P.C. Without making any expression of opinion lest it may prejudice the case of either party I feel inclined to allow bail to the petitioner in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Rahimyar Khan.