2010 PLP 758 (MLD)
PARGAT MASIH — Petitioner Versus THE STATE and another — Respondents
| Citation | 2010 PLP 758 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | PARGAT MASIH — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 758 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 758 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 758 (MLD) (PARGAT MASIH — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ansa Naseem for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss.420//468/471
Cheating, forgery for purpose of cheating and using as genuine a forged document
Accused was a previous non-convict and was in jail for the last about four and a half months
Offence under Ss.420/471, P.P.C. was bailable and the offence under S.468, P.P.C. did not fall within the prohibition contained in S.497(1), Cr.P.C.
Grant of bail in such like cases was a rule and refusal an exception
Alleged forged document i.e., agreement to sell was under determination in a suit of specific performance pending in a Civil Court
Till the decision by Civil Court case against accused was open to further inquiry into his guilt, as contemplated under S.497(2), Cr.P.C-Accused was granted bail in circumstances.
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.
Petitioner Pargat Masih through the instant petition has prayed for post arrest bail in case F.I.R. No.166 registered under sections 420/468/471, P.P.C. with Police Station City Chichawatni, District Sahiwal on 22-6-2009.
2. Briefly, the prosecution case as per the F.I.R. is that Pargat Masih (petitioner) and others, with fraudulent intention, have forged an agreement to sell from the complainant in order to grab his land.
3. After hearing the learned counsel for the parties and perusing the record, I find that he is stated to be behind the bars since 23-6-2009 and a previous non-convict, which has not been controverted by other side.
4. The fact also remains that the offence under sections 420/471, P.P.C. is bailable, whereas the one under section 468, P.P.C. is not covered within the prohibitory clause of section 497(1), Cr.P.C.
5. Another important aspect of the matter is that he on the basis of the alleged forged agreement to sell has brought a suit for specific performance of the contract against complainant Muhammad Sarwar. I have been informed that the same is pending determination before a competent Civil Court at Chichawatni. Any verdict regarding its validity or otherwise is to be returned therefrom. Till such time, his case is open to further inquiry into his guilt and so, subsection (2) of section 497, Cr.P.C. is attracted to his case. In such like cases, grant of bail, even otherwise, is a rule and refusal an exception. In this regard, reference can be made to the case of "Safeer Hussain v. The State" (2009 P.Cr.R. 947 Rawalpindi).
6. In these circumstances of the case, I have been persuaded to hold that case for his enlargement on bail has been made out. Resultantly, the petition is accepted and he is admitted to bail subject to his furnishing bail bond in the sum of Rs.100,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q./P-34/L Bail granted.