Agha Siraj Ahmed Pathan vs State S — 2024 MLD 1317 KARACHI-HIGH-COURT-SINDH

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Agha Siraj Ahmed Pathan VS State S. 498---Penal Code (XLV of 1860), Ss. 420, 468, 471 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Cheating and dishonestly inducing delivery of property, forgery, using as genuine a forged document, common intention, criminal misconduct---Pre-arrest bail, confirmation of---Further inquiry---Prosecution case was that 28-acres land was leased out for thirty years to seven persons, however after expiry of said period, the land was fraudulently transferred in the name of one of the said persons vide fake documents---Entire case of the prosecution depended upon the documentary evidence which was available with the prosecution---Things did not end here, the statement under S.161, Cr.P.C. of a witness was available wherein he disclosed that he appeared before the Investigating Officer and admitted the conversion of 30 years of lease land and installment was also paid---Application was filed by the main accused to the Member Land Utilization Board of Revenue Department wherein the minutes of the meeting of the Chief Minister Sindh held that "examine and put up" after scrutiny; the land was given to said accused as such he had also paid some installment but in the summary note, it was written that during the process the Supreme Court of Pakistan had passed an order in a Suo Motu Case banning all kinds of mutations/allotment/transfer or conversion of any State land or any transaction or entry in the record of rights in that regard in revenue record or till the entire revenue record was reconstructed---Allegedly, due to the ban, no entry was kept on record of right but the same was forged---Record reflected that DDO Revenue passed the order on 09.07.2011 and in compliance thereof, the entry was made on the same day 09.07.2011, much prior to the ban---Case had been challaned and the applicants/accused were no more required for further investigation---No purpose would be served to send accused to jail---Applicants/accused had made out case for the grant of bail in terms of subsection 2 of S.497, Cr.P.C---Bail application was allowed and interim pre-arrest bail granted to the petitioner earlier was confirmed, in circumstances.

Agha Siraj Ahmed Pathan vs State S — 2024 MLD 1317 KARACHI-HIGH-COURT-SINDH

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