MUHAMMAD SARWAR Versus THE STATE

ORDER

This order shall dispose of two Criminal Miscellaneous bearing Nos. 1923/B of 1984 and 1927/B of 1984. It shall, however remain on the file of Criminal Miscellaneous 1923/8 of 1983.

2. The facts are that during the course of hearing of Writ Petition No. 438/R‑1983, it was discovered that the order, dated 21‑2‑1976, passed by Mr. Saghir Ahmad Warsi, Deputy Settlement Commissioner, Faisalabad, now Additional Settlement Commissioner (Industries), Lahore, whereby the title‑documents, in respect of the property in dispute, were issued to Bashir Ahmad and Jan Muhammad (petitioners in Criminal Miscellaneous 1923/8‑1984), was violative of orders passed by the superior Courts. By order dated 19‑3‑1984, a notice was issued to Deputy Settlement Commissioner, to show cause as to why he should not be proceeded against for contempt of Court. In compliance therewith he appeared before the Court and asserted that the order in question the Deputy Settlement order, was not signed by him and that his signature have been forged. I thereupon recorded a detailed order, dated 21‑4‑1984 and directed the S. S. P., Faisalabad, to get a case registered. Accordingly vide F. I. R. No. 385, dated 19-5-1984 a case under section 420/468/471, P. P. C. was registered with the Police Station Civil Line, Faisalabad.

3. During the investigation, Bashir Ahmed and Jan Muhammad who are beneficiaries of the order aforesaid were arrested. Likewise Muhammad Sarwar, who at the relevant time was working as Block‑Incharge and made a report on the application of Bashir Ahmad etc. was, also arrested by the police.

4. I have heard the learned counsel for the parties and so also for the State and the Investigating Officer. The record produced by the latter has also been perused.

According to the report of the Handwriting Expert, the signatures appearing on the order, dated 21‑2‑1578 do not tally with the specimen signatures of the Deputy Settlement Commissioner. However, on behalf of the petitioners, it is vehemently contended that Abdur Rashid, the then typist of the Department, has stated before the Investigating Officer that the order, dated 21‑2‑1978 was typed by him under the directions of the Deputy Settlement Commissioner and that he signed it in his presence. A reference has also been made to the statement of Mr. Munir Ahmed, Advocate, Faisalabad, who represented Bashir Ahmad etc. before the Deputy Settlement Commissioner. It is contended that the version given by him also supports the petitioners. It is thus urged that this is a case for further inquiry into the guilt of the petitioners.

5. The statements attributed to Abdur Rashid and Mr. Munir Ahmed, Advocate are not refuted by the Investigating Officer. I am, therefore, inclined to agree with the learned counsel for the petitioners that this is a matter for further inquiry into their guilt, entitling them to the grant of bail.

6. Accordingly; the petitioners are enlarged on bail provided each one of their furnishes a bail bond in the sum of Rs.20,000 with two surities in the alike amount, in each case, to the satisfaction of Assistant Commissioner/ Duty Magistrate. Faisalabad.

S.G.D. Bail granted