' SALEEM AKHTAR, J. ---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby his bail application was rejected.
2. One Mirza Mehtab Baig filed an application before the Deputy Commissioner, Gujrat that the petitioner has issued Fard-i-Arazi in violation of status quo order passed by the Deputy Commissioner. It was also stated that on the Fardat the words 'Aamar Colony' were inserted whereas the land fell under 'Shadman Colony'. The case was referred to the Anti-Corruption Police and a challan was framed under section 167/409, P.P.C. And section 5(2) of the Prevention of Corruption Act, 1947. The bail application filed by the petitioner has been rejected throughout.
3. After hearing the learned counsel for the petitioner interim order of bail was passed on 16-10- 1993. Notice was also issued to the State. The learned counsel for the petitioner contended that case made out against the petitioner under section 167, P.P.C. Is non-cognizable and bailable and one which is not included in the schedule of Pakistan Criminal Law Amendment Act, 1958. He further pointed out that challan in the case was prepared by the Circle Office earlier who kept it mala fide for six months in order to prolong the petitioner's confirnement in jail for a long period. No substantial argument against the bail application has been advanced. The petition is converted into an appeal and the same is allowed. The interim order of bail is confirmed.
Interim .