' A case under sections 420, 468, 467 and 471, P.P.C. Read with section 5(2) of Prevention of Corruption Act, 1947 was registered against the petitioner at Police Station, Anti-Coruption, Attock.
He has applied for bail after his petition has been rejected by the learned trial Court.
2. The facts are that the petitioner while posted as Patwari Halqa Kot Soondki, Tehsil Hassanabdal entered Mutation No,626 regarding 325 Kanals and 10 Marlas and Mutation No,628 regarding 1432 Kanals and 2 Marlas showing a consideration of Rs,23,000 and Rs,40,000 respectively whereby the Murtehni rights' of the aforesaid land were transferred allegedly to his close relatives through deceitful means and taking advantage of his official position thereby misusing his power as a public servant. He got those mutations attested from the Revenue Officer saying that the transferors were present in the 'Jals-e-Aam'. When the mutations were presented before the Revenue Officer for attestation. However, at a later stage due to intervention of local M.P.A., the entries of Mutation No,627, were reversed and the property in question was conveyed back to the transferors by the transferee. The transferors of other mutation suffered wrongful loss due to alleged illegal act of the petitioner who earned wrongful gain by misusing his official position.
3. The learned counsel for the petitioner has submitted that provisions of section 467, P.P.C. Are not applicable and after deletion of aforesaid section the remaining offences shown in the F.I.R. Do not fall within the prohibitory clause and as such the petitioner is entitled to bail; that being a public servant, there is no apprehension of the petitioner's absconsion and as such he would be entitled to bail and that the petitioner having been sent to judicial lock-up, his person is no more required for further investigation and keeping him behind the bars would amount to punishment in advance.
4. The petition was opposed by the learned counsel for the complainant as well as by the learned State Counsel on the ground that provisions of section 467, P.P.C. Are attracted to the facts of this case because the mutations were got sanctioned in the absence of transferors by making forgery in the relevant record. In this connection, it was contended that signatures of the transferors were forged although they were not present in the Jalsa-e-Aam when the mutations were attested.
5. Secondly it is submitted that public servants ought to behave in a meticulous manner while discharging their duties. If they deviate from the course of their duties and perpetuate forgery in the official record in order to have wrongful gain or to cause wrongful loss to the aggrieved persons, then a strict view should be taken and bail in such situation should not be readily granted.
Reliance was placed on PLD 1997 SC 545.
6. I have considered the foregoing submissions and find that the petitioner is named in the F.I.R.
And the facts disclosed therein linked him with the occurrence and that deeper appreciation about the merits of the case cannot be undertaken at this stage. The evidence collected by the Investigating Agency provides reasonable grounds for believing that the petitioner is linked with the offence stated in the F.I.R. There being no extenuating ground, the petitioner has no case for bail. The bail petition is accordingly dismissed.