MUZAFFAR BHUTTA vs State S — 2023 YLRN 21 LAHORE-HIGH-COURT-LAHORE

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MUZAFFAR BHUTTA VS State S. 497---Penal Code (XLV of 1860), Ss. 409, 420, 467, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery for valuable security, will, etc., forgery for purpose of cheating, using as genuine a forged document---Criminal misconduct---Bail, grant of---Scope---Allegation against accused persons was that they got transferred the government land in favour of private persons at a cheaper rate per acre by preparing forged and fictitious documents---Naib Tehsildar had reported that the status of land in issue was 'Null Chahi'---Colony Clerk had reported that the application filed for grant of proprietary rights had been filed within limitation---Patwari had assisted the Naib Tehsildar in submitting the status of land as 'Null Chahi'---Private persons were alleged to have got allotted the state land---Accused persons were though named in the crime report yet no role whatsoever for demanding, receiving or extorting even a single penny from any corner had been brought on record---Though there was allegation of preparing and using forged documents in getting allotted the state land yet no forensic report was available on record in that regard, as such, the application of S.467, P.P.C., to the facts and circumstances of the case would be determined by the Trial Court after recording the evidence---Remaining offences with which the accused persons had been charged, did not attract the prohibitory limb of S. 497, Cr.P.C.---Nothing incriminating material could be recovered from the accused persons---Accused persons were admitted to bail, in circumstances.

MUZAFFAR BHUTTA vs State S — 2023 YLRN 21 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported