Rao NOOR ALAM vs THE STATE
This matter involves two connected bail applications after arrest arising out of First Information Report No. 229 of 2001 registered at Police Station Nasirabad under sections 420, 468, and 471 of the Pakistan Penal Code. The core legal question concerns whether the petitioners were entitled to post-arrest bail given the allegations of forgery and cheating regarding landed property, and whether the dispute predominantly possesses civil attributes. The Lahore High Court held that the allegation regarding the preparation of a fresh forged deed was vague, that the dispute was essentially of a civil nature capable of being resolved through revenue demarcation, and that the case warranted further inquiry into the guilt of the petitioners. Consequently, the court confirmed the interim bail granted to both petitioners subject to furnishing fresh bail bonds. The key principle laid down is that where criminal allegations of forgery and cheating stem from a dispute that is essentially civil in nature and lacks clarity regarding specific deception, the case falls within the scope of further inquiry under section 497, Code of Criminal Procedure 1898, entitling the accused to bail.
- Are accused persons entitled to bail when allegations of forgery and preparation of a forged deed are vague and unverified?
- Does a property dispute involving allegations of forged deeds constitute a matter of a civil nature suitable for revenue demarcation?
- When does a criminal case regarding property and alleged forgery qualify as a case for further inquiry under bail adjudication?
- Section 420, Pakistan Penal Code
- Section 468, Pakistan Penal Code
- Section 471, Pakistan Penal Code
ORDER
' This order will dispose of two connected bail applications i,e, (i) Rao Noor Alam v. State Criminal Miscellaneous No,3353/B of 2002 and (ii) Dil Muhammad v. State Criminal Miscellaneous No,4793/B of 2002. Both the applications are for bail after arrest and are based on F.I.R. No,229 of 2001 registered on 10-7-2001 in Police Station Nasirabad under sections 420/468/471. P.P.C.
2. The F.I.R. Was lodged by Syed Dilawar Abbas complainant stating therein that his mother Mst.
Surraya Sultans owns 16 Marla: of land in Bostan Colony, Haddbast, Mauza Amar Sidhu, Lahore, which had been in the illegal possession of Noor Alam Khan accused for a long time on the basis of a forged registered deed. He had contested the case up to the High Court and the Supreme Court of Pakistan on the basis of the same forged deed, which was ultimately decided in favor of the complainant. When efforts were made by the complainant to recover the possession of the land from him, Rao Noor Alam again filed a writ petition in the High Court and which was, however, dismissed on 19-2-2001. Thereafter, Rao Noor Alam had again prepared a registered deed in which he had given Khasra numbers of some other property. Although up to the highest level the matter, was decided twice in favor of the complainant party but again Rao Noor Alam had committed the forgery. As such he submitted the application for registration of the case.
3. Arguments have been heard and record perused.
4. So far as The allegation regarding the preparation of a fresh forged deed is concerned, the same is vague. It has not been explained even in the F.I.R. As to whether Rao Noor Alam had defrauded the complainant or nobody else on the basis of aforesaid forged deed or whether he has produced the same before any Court. On the face of it, the dispute is of a civil nature and which can be definitely, resolved by carrying out demarcation at the spot through the revenue officials. However, so far as the present bail applications are concerned, it is clearly a case of further inquiry into the guilt of the petitioners and as such both of them i,e, Rao Noor Alam and Dil Muhammad are entitled to the concession of bail. Accordingly, both the bail applications are accepted and the interim pre- arrest bail already granted to Rao Noor Alam and Dil Muhammad petitioners on 26-6-2002 and 18- 7-2002 respectively is confirmed subject to their furnishing fresh bail bonds in the sum of Rs,50,000, with one surety each in the like amount, to the satisfaction of the learned trial Court within seven days. #EndJudgment