ROZDAR KHAN vs THE STATE
This matter arises from a post-arrest bail application filed by Rozdar Khan petitioner in Case F.I.R. No. 434 of 2005 registered at Police Station B-Division, Kasur under sections 420, 468, and 471 of the Pakistan Penal Code. The prosecution alleged that a co-accused sold land belonging to the complainant and his deceased mother on the basis of a forged power of attorney through a registered sale-deed. The core legal question is whether the petitioner, who acted as a Lamberdar and identified the co-accused during the execution of the sale-deed, is prima facie connected with the alleged forgery committed during the prior registration of the power of attorney. The Lahore High Court held that since the petitioner was not connected with the registration of the forged power of attorney and merely identified the vendor at the execution of the sale-deed, the case called for further inquiry. The court laid down the principle that where the primary forgery is unconnected with the petitioner's specific act of identification at a later stage, the case falls within the scope of further probe warranting the grant of post-arrest bail.
- Whether post-arrest bail can be granted when the accused's role is limited to identifying the executant of a sale-deed rather than the prior forged power of attorney?
- Does identification of an accused by a Lamberdar at the time of executing a sale-deed prima facie connect him with forgery committed during the registration of a power of attorney?
- Is a case considered fit for further probe and inquiry under Section 497(2) of the Criminal Procedure Code when the primary allegation of forgery is not directly linked to the petitioner?
- Section 420, Pakistan Penal Code
- Section 468, Pakistan Penal Code
- Section 471, Pakistan Penal Code
ORDER
' M.A. SHAHID SIDDIQUI, J.--- Rozdar Khan petitioner has applied for post-arrest bail in. Case F.I.R.
No,434 of 2005 dated 7-12-2005 registered at Police Station B-Division, Kasur under sections 420/468/471, P.P.C.
2. Prosecution's case in brief is that Muhammad Usman complainant and his mother Mst. Waziri owned 9 Kanals, 19 Marlas of land in Mauza Olakh, District Kasur. The mother of the complainant Mst. Waziri had died 20 years ago. It is alleged that Anwar co-accused on the basis of a forged power of attorney registered on 16-4-2002 sold the land of the complainant and his mother through registered sale-deed dated 8-5-2002.
3. After hearing the learned counsel for the parties and going through the record, I have noticed that the petitioner who is a Lamberdar of the village had not identified the executants at the time of registration of the power of attorney. He has identified Anwar who executed the sale-deed on 8-5- 2002. Prima facie the petitioner is not connected with the registration of the power of attorney executed in favour of Anwar the principal accused who has not yet been arrested. It is however not denied by the petitioner that he had identified the said Anwar who executed the registered sale- deed dated 8-5-2002.
' Apparently the forgery was committed at the time of the registration of the power of attorney. I, therefore, consider it a fit case for further probe and inquiry. This petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the Illaqa/Duty Magistrate, Kasur.