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K.L.R. 1994 Criminal Cases 494

HEDAYAT ULLAH vs THE STATE

CitationK.L.R. 1994 Criminal Cases 494
CourtLahore High Court
Case No.Crl. Misc. No.l667-B of 1994
Date1994-05-08
Judge(s)Rashid Aziz Khan
ResultN/A

ORDER

RASHID AZIZ KHAN, J.- Hidayat Ullah petitioner seeks bail in a case registered with Police Station Lower Mall, Lahore, vide FIR dated 25.11.1993 for offences under sections 420/471/468 PPC. The case was got registered by one Muhammad Irshad with the allegation that his mother Mst. Majeedan Bibi was owner in possession of 56 Kanals 10 Marlas of land situated at Thokar Niaz Beg, Lahore.

After the death of his mother, the land in question was mutated in the name of the first informant and other legal heirs. Subsequently, they learnt that 8 Kanals and 16 Marlas of land could not be mutated as the same had been transferred in the name of the petitioner on account of some forged power of attorney.

2. It was contended by learned counsel for the petitioner that the case has been got registered with an unexplained delay of i.e years. Submits that the petitioner has nothing to do with the alleged fraud, therefore, is entitled to concession of bail. Submits that sections 471 and 468 PPC are non- cognizable offences, and as far as section 420 PPC is concerned, maximum penalty provided for it is three years therefore the petitioner should be allowed bail as a matter of right. The contentions were opposed by learned counsel for the State.

3. I have heard the learned counsel at length and gone through the i.e. The petitioner is the beneficiary of the fraud. Petitioner's counsel was specifically asked how the petitioner came into possession of the said land, but no satisfactory reply was given. Admittedly the land in question was owned by the mother of the first informant who had never executed any power of attorney nor had sold the land. Involvement of the petitioner is apparent from the record. The land stands transferred in his name when it had neither been sold nor got transferred by the owner. No ground for bail is made out. The petition fails, which is dismissed.

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