MUHAMMAD SARFRAZ Versus STATE

ORDER

1. ANWARUL HAQ, J. ‑After hearing the learned counsel for the petitioners and the learned Assistant Advocate‑General, Punjab we have decided to convert this petition into appeal, and to dispose it of accordingly.

2. The appellants are being prosecuted under sections 420, 468, 470 and 471 of the Pakistan Penal Code on the allegations that they had made certain interpolations and tampered with the Settlement record on 4ccount of which they derived illegal benefit. A learned Judge of the Lahore High Court has, by his order dated the 18th of April 1975, refused bail mainly on the ground that the matter needs a proper, thorough and detailed Inquiry and investigation and for that purpose the police is entitled to the custody of the appellants.

3. It is submitted by Mr. Jamil Hussain Rizvi that the case involves a lengthy investigation, and the learned Judge in the High Court seas in error in thinking that this investigation and. the examination of the relevant records necessarily requires the presence of toe appellants in custody. It is' next submitted that the records having already been taken into possession by the Investigating Agency, there is hardly any possibility of the appellants tampering with the same even if they are enlarged on bail.

4. We consider that there is merit in the submissions mode on behalf of the appellants. We would accordingly accept this appeal and confirm the interim order of bail already made by this Court on the 30th of April 1975.

5. The appellants are, however, directed to join the investigation as and when required to do so, and their failure to comply in this behalf will render their bail liable to cancellation.

6. Appeal accepted.