S. 498---Penal Code (XLV of 1860), Ss. 471, 202, 447, 468, 467 & 34-

2018 M L D 611

[Sindh]

Before Fahim Ahmed Siddiqui, J

KAMRAN AHMED SIDDIQUI and another---Applicants

Versus

The STATE---Respondent

Criminal Bail Applications Nos.887 and 1040 of 2017, decided on 5th August, 2017.

Criminal Procedure Code (V of 1898) ---

----S. 498---Penal Code (XLV of 1860), Ss. 471, 202, 447, 468, 467 & 34---Co-operative Societies Act (VII of 1925), S. 54(b)---Using as genuine a forged document, intentional omission to give information of offence by person bound to inform, criminal trespass, forgery for purpose of cheating, forgery for valuable security, will etc., common intention---Bail, confirmation of---Complainant had alleged that accused took possession of his plot and managed, prepared, false, fabricated documents of said plot and raised construction upon the same---Names of present accused appeared in Final Report only---Malpractice, in the present case could not be ruled out when Housing Society was under administration of Registrar, Cooperative Societies through 'Administrator'---Officials were also involved in the matter, because construction of house on the plot could not be done in a Society without the active connivance of the Administrator of the society---Case was required to be referred to Anti-Corruption Establishment in such matters---Complainant and accused persons both were claiming to be owner of the plot, because both of them were members of the Housing Society---Such a matter would be referred to the Registrar of Co-operative Societies or his nominee for decision through arbitration under S.54(b) of Cooperative Societies Act, 1925 in case of any dispute among members or past members or persons so claiming---Without approaching to the Registrar, lodging of FIR could not be considered as free from malice---Matter required further inquiry till decision of the Registrar was available to the effect that accused persons were not the members or past members of society---Ad-interim pre-arrest bail was confirmed.

Muhammad Waseem Samo for Applicants (in B.A. No.887/17).

Abdul Samee for Applicants (in B.A. No.1040/17).

Mian Khan Malik for the Complainant.

Zafar Ahmed Khan, Addl. P.G. for the State.

Date of hearing: 26th July, 2017.