MUHAMMAD AQIL MIRZA, J.- This is an application for gram ot bail after arrest: moved on behalf of Nazar Hussain, in a case registered under sections 420 468 47! PPC at Police Station Samundari, vide FIR 552-94. Dated 26.9.1994. The allegation as mentioned in the FIR are that the petitioner was Sarbrah Lambardar, on 1S.4.1990. Sale mutation No. 561 wa sanctioned on the identification of the petitioner, although Mst. Hussain Bibi and Mst. Sharifan Bibi vendees had already died, and some other ladies were produced before the Revenue Officer at the time of the attestation of the mutation.
2. Learned counsel for the petitioner submits that the FIR at the instance of Muhammad Hanif.
Advocate is patently mala fide, because he has no concern with the vendees. He further submits that a civil suit had been filed which has been decided in favour of the petitioner, as a result of special oath. He also submits that the complainant is, in fact, an applicant for the Lambardari and there is a contest between the petitioner and the complainant. The present FIR has been falsely lodged to get benefit on the question of appointment of Lambardar. He also submits that the offences are not covered by the prohibitory clause of Section 497 Cr.P.C.
The learned. State counsel, under instructions from the Sub-Inspector, states that there is a Lambardari dispute between the petitioner and the complainant.
3. On the last date of hearing, I directed that heirs of Mst. Sharifan Bibi and Mst. Hussain Bibi should also be impleaded in this application. Zafar Ullah Khan son of Mst. Sharifan Bibi and Ghulam Rasul.
Talib Hussain. Muhammad Hussain and Ghulam Ah sons of Mst. Hussain Bibi and her two daughters Mst. Hanifan Bibi and Mst. Rasulan Bibi are present in Court. They are represented by their counsel Mr. Akhtar Air Qureshi. Advocate. They have stated that they had filed a civil suit which has been decided and they have no grievance whatsoever against the petitioner, in the matter of the attestation of the mutation, which is the subject matter of the FIR in dispute.
4. In view of the afore-mentioned circumstances, the petitioner is entitled to be enlarged on bail.
Accordingly, he is allowed bail in the sum of Rs. 50.000/- (Rs. Fifty Thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate. Samundari.