2005 PLP 1647 (YLR)
FARMAISH ALI and another — Petitioners Versus THE STATE — Respondent
| Citation | 2005 PLP 1647 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Bashir A. Mujahid, J |
| Parties | FARMAISH ALI and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1647 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1647 (YLR)?
The case was heard and decided by the Lahore bench comprising: Bashir A. Mujahid, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1647 (YLR) (FARMAISH ALI and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Asif Cheema for Petitioners.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.420, 468, 471 & 506
Petition for bail had shown that sale agreement was executed by complainant in favour of both the petitioners
Argument that one petitioner was not beneficiary, had no force, in circumstances
One of the petitioners had also attempted to involve son of one of the complainants in a false case for stealing disputed document in order to avoid its recovery during investigation
Both petitioners had deprived their real sisters from inheritance of ancestral property-- One petitioner had specifically been named in the F.I.R. and no mala fides had been pointed out on the part of his real sisters entitling him to extraordinary relief of pre-arrest bail
Other petitioner was signatory of forged document
Bail petition was dismissed having no force. Ch. Tariq Javed for the Complainant. Ashfaq Ahmad Chaudhary for the State. Muhammad Basharat, S.I.
Judgment & Decree
Muhammad Asif Cheema for Petitioners. Ch. Tariq Javed for the Complainant. Ashfaq Ahmad Chaudhary for the State. Muhammad Basharat, S.I. Farmaish Ali son of Chanan Din and Muhammad Arshad son of Samand, Khan seek pre-arrest bail in case F.I.R. No.422 dated 14-8-2003 under sections 420, 468, 506, 34, P.P.C. registered with Police Station, South Cantt., Lahore.
2. The allegation against the petitioner No.1 is that he along with brother Hidayat Ali forged an agreement to sell in their favour on behalf of complainants, their real sisters to deprive them from share in ancestral property. Petitioner No.2 wall the marginal witness of said forged agreement to sell.
3. Learned counsel for the petitioner and for the State assisted by learned counsel for the complainant have been heard exhaustively and record has been perused.
4. The petitioner has admitted in ground, "C" of his petition that the sale agreement was executed by the complainant in favour of petitioner No.1 and, his brother, co-accused, therefore, argument of learned counsel that petitioner No.1 is not beneficiary has no force Petitioner No.1 has also attempted to involve son of one of the complainant in a false case for stealing the disputed document in order to avoid its recovery during the investigation. Petitioner No.1 and his brother have deprived their real sisters from inheritance of ancestral property. He has been specifically named in the F.I.R. No mala fide has been pointed out on the part of his real sisters entitling him to extraordinary relief of pre-arrest bail. While petitioner No.2 is signatory of forged document, therefore, the petition is dismissed having no force. H.B.T./F-78/L Petition dismissed.