Learned counsel for the petitioners in support of this petition submits that petitioners have been falsely implicated in this case, that the petitioners are tenant of the complainant and that the complainant is real brother of Major Muhammad Kamal who is posted in NAB, Punjab, Lahore, that he while misusing his power has lodged this false F.I.R., that the case against the petitioners is outcome of mala fide and ulterior motive of the complainant who in connivance with the police has lodged this F.I.R. Learned counsel submits that an agreement was made between the petitioners and Major Muhammad Kamal on 8-2-2000 according to which Rs.20,00,000 (twenty lacs) were paid in advance while rest of the money i.e. Rs.85,00,000, (85 lacs) was to be paid before 8-2-2001, that in the intervening period the petitioners sent a notice to said Major Muhammad Kamal through Mr. Jehangir A. Jhojha, Advocate on 23-11-2000 to hand over the Revenue documents regarding title of the said land but said notice was not responded that thereafter on 14- 5-2001 a suit for specific performance was filed by the petitioners before the Civil Court and the learned Civil Judge ordered that the petitioners should deposit Rs.85,00,000 but the said order has been suspended by this Court. Learned counsel submits that even a case under section 506, P.P.C.
Was also got registered by Major Muhammad Kamal himself in Police Station Race Course when the application for bail before arrest was pending before the learned Additional Sessions Judge, Lahore. Learned counsel submits that with mala fide intention later on to bring the case in the prohibitory clause sections 454 and 459, P.P.C. Were added.
2. On the other hand learned counsel for the State assisted by the learned counsel for the complainant submits that the petitioners are named in the F.I.R., they were armed with weapons and recoveries are to be effected from them, that they had also taken away the articles belonging to the complainant from the said plot. They both further submit that the notice given by Mr. Jehangir A. Jhojha, Advocate to Major Muhammad Kamal was responded and reply thereof was sent. Learned State Counsel submits that from the contents of the F.I.R. Offence under sections 454 and 459, P.P.C. Are made out and the same falls within the prohibitory clause of section 497(1), Cr.P.C. That there is no mala fide and ulterior motive either of the complainant or of the police in the instant case. Adds that considerations for grant of bail before arrest and after arrest are totally different and this is not a case of bail before arrest.
3. I have heard the learned counsel for the parties. It has not been denied by either of the parties that petitioners are tenants of Major Muhammad Kamal. It has also not been denied that a written agreement was made between the parties. Rs.20,00,000 (twenty lacs) were paid to Major Muhammad Kamal in advance while Rs.85,00,000 (Eighty-five lacs) were to be paid to Major Muhammad Kamal before 8-2-2001. The agreement was executed on 8-2-2000. During intervening period a notice was given to Major Muhammad Kamal by the petitioners through Mr. Jehangir A.
Jhojha, Advocate to submit the Revenue papers regarding the title of said land and thereafter a suit for specific performance was also filed by the present petitioners which is still pending. It has been mentioned in the F.I.R. That petitioners were armed with fire-arms, Dandas and hatchets but there is not a single scratch either on the person of the complainant or any of the P.Ws., that no detail of alleged articles taken by the petitioners from the spot has been given. It is correct that considerations for grant of bail before arrest and after arrest are totally different but this is a case in which this Court must come to the rescue of the petitioners who seem to be respectable businessm en because the mala fide of the complainant and the police is floating on the surface.
The liberty of 7 individuals is involved in this case. Prima facie it seems to be outcome of mala fide of the complainant who in connivance with the local police has got this case registered against the present petitioners. The matter pending between the parties is purely of civil nature but efforts have been made to convert the same into criminal litigation. This- case seems to be full of mala fide and ulterior motive. In this view, of the matter, this petition is accepted and the interim bail already granted to the petitioners is hereby confirmed. The petitioners are directed to join the investigation as and when they will be called.
N.H.Q./A-668/L