Syed RAZA HUSSAIN SHAH and another vs THE STATE and another
This matter comes before the Lahore High Court through a petition for pre-arrest bail filed by Syed Raza Hussain Shah and another in respect of case F.I.R. No. 521 of 2009 registered under sections 420, 468, and 471 of the Pakistan Penal Code at Police Station Saddar Kharian, District Gujrat. The core allegation against the petitioners is that they procured the attestation of a forged mutation by presenting an impersonator to deprive a woman of her property. The primary legal question is whether the petitioners are entitled to pre-arrest bail given their nomination in the F.I.R. and their alleged role in tampering with the revenue record. The court held that pre-arrest bail is an extraordinary judicial remedy requiring exceptional circumstances, which were absent in this case, especially since the petitioners were nominated and found guilty during the police investigation. Consequently, the court dismissed the bail application.
- Whether the petitioners are entitled to pre-arrest bail when nominated in an F.I.R. for offences relating to forged mutations and revenue records?
- Does a finding of guilt during police investigation preclude the grant of pre-arrest bail?
- Are extraordinary circumstances required for the grant of pre-arrest bail?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
' MANZOOR AHMAD MALIK, J.---Syed Raza Hussain and Liaqat Ali petitioners seek bail before arrest in case F.I.R. No, 521 of 2009 offence under sections 420, 468 and 471, P.P.C. Registered at Police Station Saddar Kharian, District Gujrat. Precisely allegation against the petitioners is that they got attested a forged mutation by presenting a fake lady to deprive one Raheem Bibi of her property.
2. Learned counsel for the petitioners, in support of this petition, contends that the land subject- matter of the fraud has been reverted back to its original owner on the request of petitioner No, 1; that the petitioners have joined the Police investigation and are no more required for the purpose of investigation; that as a matter of fact the fraud, if any, was committed by the Patwari Halqa.
3. Learned counsel for the complainant (Syed Azmat Hussain Shah on whose application the proceedings were initiated) opposes the bail application on the grounds that the petitioners are nominated in the F.I.R.; that there is sufficient incriminating evidence against the petitioner; that the mutation was attested at the behest of the petitioners, therefore, they are not entitled to the extraordinary judicial relief of bail before arrest.
4. Learned Deputy Prosecutor-General also opposes the bail petition on the grounds that the petitioners have been found guilty during the investigation and the case was got registered by D.D.O. (R) Kharian, therefore, there is no question of false implication.
5. Petitioners are nominated in the F.I.R. Prima facie, they have committed an offence relating to the Revenue Record and tried to usurp the land of a woman. They have been found guilty during the investigation. Bail before arrest is extraordinary judicial relief, which requires extraordinary circumstances. No such circumstances are available in this case, therefore, this application is dismissed accordingly.