1984 P Cr (PLP)
RIFAT MAHMOOD-Petitioner Versus THE STATE-Respondent
| Citation | 1984 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Kamal Mustafa Bokhari, J |
| Parties | RIFAT MAHMOOD-Petitioner Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1984 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Kamal Mustafa Bokhari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 P Cr (PLP) (RIFAT MAHMOOD-Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- R. A. Awan for Petitioner.
Headnotes / Summary
S. 497-Penal Code (XLV of 1860). S. 409-Bail-Petitioner in custody for over a year-Expert opinion about preparation of forged documents by petitioner awaited-Sanction for prosecution of petitioner yet to be obtained--Whether offence under S. 409 constituted or not, for trial Court yet to be determined-Bail allowed in circumstances. Inayatullah Cheema for the Settlement Department. Malik Abdul Rehman for the State.
Judgment & Decree
S. 497-Penal Code (XLV of 1860). S. 409-Bail-Petitioner in custody for over a year-Expert opinion about preparation of forged documents by petitioner awaited-Sanction for prosecution of petitioner yet to be obtained--Whether offence under S. 409 constituted or not, for trial Court yet to be determined-Bail allowed in circumstances. R. A. Awan for Petitioner. Inayatullah Cheema for the Settlement Department. Malik Abdul Rehman for the State. Rifat Mahmood petitioner alongwith his co-accused Faqir Muhammad and Muhammad Ismail is accused of offence under section 409/420/467/ 468/471, P. P. C. read with section 5 (2) of the Prevention of Corruption Act 1947. It is alleged that while working as clerk in the office of the Settlement Department petitioner and his co-accused prepared forged transfer orders in favour of a fictitious person, Inayatullah Shah, in respect of a plot of land measuring 3 Kanals 6 Marlas in village Bhabra, Gulberg, Lahore. Learned counsel for the petitioner has submitted that person of petitioner is no longer required for further investigation as he is lodged in judicial lock-up and that it will take some time for the prosecution to obtain sanction. Bail has been opposed by learned counsel for Settlement Department and for the State. It has been submitted that petitioner in this case was arrested on 27th July. 1982 and incomplete challan is ready awaiting the expert opinion and sanction for the prosecution has yet to be obtained. It has also been submitted that petitioner is accused of offence under section 409, P. P. C. as well which falls within the prohibitory clause. 2. It will be for the trial Court to determine whether an offence under section 409, P. P. C. is constituted or not. Petitioner is in custody for over a year now. The expert opinion about the preparation of forged documents by the petitioner is awaited and sanction for prosecution of the petitioner has yet to be obtained. The trial of petitioner has been delayed by the prosecution. In the circumstances the petitioner is allowed bail subject to his furnishing security in the sum of Rs. 10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore. M. A. K. Bail allowed.