' Petitioner seeks bail in a case registered vide F.I.R. No,244 of 1995, dated 15-10-1995 under sections 420/471/468, Pakistan Penal Code, Police Station, Civil Lines, Sahiwal.
2. Prosecution story as given in the F.I.R. Registered on a letter from Deputy Commissioner, Sahiwal briefly stated is that petitioner alongwith others fraudulently got issued an allotment order from Assistant Commissioner in favour of Sardar Khan, Muhammad Gauhar alias Gauhar Ahmad and thereafter sold the allotted land through their general attorney notwithstanding the fact that one of the allottee namely Sardar Khan had already died.
3. Learned counsel for the petitioner prays for bail on the ground that petitioner is neither a witness in any transaction nor he was ever an attorney for any allottee and that he had been roped on account of hearsay evidence and that he is now in the judicial lock-up. He is 65 years of age and is no more required to the police for further investigation.
4. Learned State Counsel has opposed the prayer for the grant of bail by submitting that petitioner is guilty of fraud and he is a principal accused and, therefore, is not entitled to bail.
5. Admittedly, petitioner is neither a witness nor attorney in any of the alleged transactions. He is 65 years of age. The offence alleged does not fall within the prohibitory clause of section 497, Cr.P.C.
For the afore-referred reasons the question of petitioner's guilty requires further enquiry.
Resultantly, this application is allowed and it is directed that petitioner Aurangzeb son of Ghulam Muhammad shall be released on bail provided he furnishes bail bond in the sum of Rs,50,000 (Rupees fifty thousands) with one surety in the like amount to the satisfaction of learned trial Court.