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1977 P Cr. L J 590

Ch. MUKHTAR AHMAD vs THE STATE

Citation1977 P Cr. L J 590
CourtLahore High Court
Case No.Criminal Miscellaneous No. 3191/B of 1976
Date1976-09-28
Judge(s)Gulbaz Khan
ResultBail allowed

ORDER

' This order would dispose of Crl. Misc. No. 3191/3-76, filed by Mukhtar Ahmad, and Crl. Misc. No. 3235/B-76, filed by Abdul Majid. Abdul Ghani Faizi, Abdul Hamid Faizi, Khurshid Ahmed, Abdul Qayyum, Mohammad Iqbal, Iftikhar Ahmad and Abdul Salam, as all of them are accused of the same case.

2. A case under sections 420, 466, 471, P. P. C. Was registered at Police Station, Satellite Town, Gujranwala, on the written application of Lal Khan, dated 20-5-1976, which was addressed to Chief Minister, Punjab. The complainant levelled allegation that some parson in place of his father Ghulam Mohy-ud- Din, who was missing since 11th October, 1967, had been produced before the Revenue Officer and the mutation was got attested fraudulently.

3. The case of the petitioners is that the petioners had purchased 19 kanals 8 molas of land from Ghulam Mohy-ud-Din on 4-8-l%0, through a registered sale deed but subsequently the land allotted to Ghulam Mohyud-Din was cancelled and in lieu of that land, Ghulam Mohy-ud-Din transferred the disputed 30 kanals 10 marlas of land to the petitioners and got attested the mutation. It is contended that Niaz Mohammad Lambardar and Mohammad Yaseen Ex-Patwari had identified Ghulam Mohy-ud-Din before the Revenue Officer at the time of the attestation of mutation. It is further contended that it was not requirement of law to obtain thumb-impressions of vendor and the attesting withesses and the thumb-impressions on the disputed mutation had been got affixed by the complainant party that there was a delay of 8 years in lodging the F. I. R. Of this case and during this period, the petitioners remained in continuous possession.

4. I have co nsidered the arguments of the learned counsel for the petitioners. The thumb- impressions of Gliulam Mohy-ud-Din vendor and the two attesting witnesses Niaz Mohammad Lambardar and Allah Wadhaya Chaukidar have been affixed over the order of the Revenue Officer, which it unusual. There is a counter version and according to the petitioners, they were the bona fide purchasers for valuable consideration. There is a delay of 8 years in lodging the F. I. R. Of this case. Taking all these circumstances into consideration, I confirm the bail of the petitioners. They shall join the investigation if and when required.

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