MUHAMMAD HANIF Versus STATE

ORDER

A case under section 416/419/ 420/468/471, P.P.C. is registered against the petitioner at Police Station Civil Lines, Gujrat on the basis of a letter addressed by the District Magistrate, Gujrat to the Superintendent of Police, Gujrat as a result of an application moved before him by Muhammad Akram and Muhammad Ishaq wherein they alleged that they owned 100 Kanals of land in Village Dhool Kalan, but some unknown persons have got their land transferred on the basis of forged power of attorney which was prepared by impersonation.

2. In view of the aforesaid application, the matter was referred to Aftab Majid Malik ex‑Sub‑Registrar to find out how the land was transferred on the basis of forged power of attorney. The aforesaid Sub‑Registrar recorded the statement of the complainant and in mysterious manner traced the petitioner to have committed the forgery and fraud. The aforesaid Sub‑Registrar produced the petitioner before the District Magistrate, Gujrat who allegedly confessed his guilt and offered an amount of Rs.3,28,000 and promised to pay the remaining amount of Rs.72,000 in respect of the sale price of land in question. The amount tendered by the petitioner was taken into custody by the District Magistrate and deposited with the District Cashier. A case was accordingly registered vide the aforesaid F.I.R.

3. In this application the petitioner has submitted that in fact the ex‑Sub‑Registrar Aftab and Muhammad Iqbal Sarbarah Numberdar were the real culprits, who in order to please some high‑ups in the Army got the sale‑deed prepared in favour of Major‑General Agha Jahangir and Agha Bilal Haider on the basis of alleged power of attorney and that the petitioner was never a beneficiary nor did he figure anywhere at the time of registration of the alleged forged power of attorney. It was alleged that the whole criminal drama was enacted by the aforesaid Sub‑Registrar and Numberdar and the petitioner was made a scapegoat at the instance of Muhammad Iqbal Numberdar, who had promised with him that he will get land for him at cheaper rate through Aftab Majid, Sub‑Registrar, who was also Tehsildar in the area. The petitioner being illiterate and simpleton was tempted to make statement and his statement was recorded incorrectly and without his willingness.

4. The learned counsel for the petitioner had made a request that the petitioner being an old man and simpleton illiterate be summoned in the Court and be heard. Accordingly the petitioner was summoned from jail, who appeared before this Court. His physical appearance shows that he is an old man between the age of 60 to 70 years and claims to be an illiterate. Even by appearance, he looked to be naive and simpleton. He stated that Muhammad Iqbal Numberdar persuaded him to make payment of Rs.4,00,000 in order to buy land for him at cheaper rate for which he had allegedly sold his tractor. Anyway his statement is not relevant at this stage.

5. The learned counsel for the State has contended that there is nothing on record to link the petitioner with the forged power of attorney except that he made a confession before the District Magistrate.

6. I have considered the foregoing facts and find that perusal of record clearly showed that the petitioner nowhere figured in the whole transaction which was carried out by the Sub‑Registrar as he had registered the sale‑deed executed by Muhammad Akram and Muhammad Ishaq through their general Attorney Muhammad Aslam conveying 134 Kanals of land for consideration of Rs.1,34,000 without verification that power of attorney in favour of aforesaid Muhammad Aslam was genuine or purportedly having been executed by the present petitioner. It is perhaps for that reason that the Deputy Commissioner, Gujrat had issued notices to Registry Moharar, Muhammad Latif Patwari, Muhammad Ashraf Malhi Numberdar, Muhammad Iqbal Numberdar, Muhammad Adam son of Ali Muhammad, Syed Hasan Abbas Rizvi, Agha Bilal Haider and Major -General Agha Jahangir, in order to verify the genuineness` of the transaction. However, after issuance of those notices, the present petitioner was brought before the Deputy Commissioner, who allegedly made his confessional statement on 6‑2‑1999. However, in the notices issued as aforesaid, the name of present petitioner did not figure which leads to a bona fide impression that the matter requires further inquiry as to how the petitioner was linked with the transaction in question although there is nothing on record that he had appointed Muhammad Aslam as his attorney or that he had played any fraud in depriving the complainant of his land though he is not a beneficiary in the whole affair. In such a situation, it appears to be case of further inquiry. Accordingly this petition is allowed and the petitioner is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned trial Court. Since the petitioner has been brought from jail, therefore, he is returned and be released after the submission of surety bond as directed above. Since serious allegations have been made by the petitioner in his counter version against the Sub -Registrar Aftab Majid and Muhammad Iqbal Numberdar, therefore, it will be in the interest of justice that a copy of this order be sent to the D.I.‑G., Police, Gujranwala Range, Gujranwala with the direction that he shall appoint some senior police officer not below the rank of Inspector of known integrity, to investigate this case.

Q.M.H./M.A.K./M‑1041/L

Bail allowed.