2004 PLP 229 (SCMR)
MEHRBAN ALI — Petitioner Versus THE STATE and another — Respondents
| Citation | 2004 PLP 229 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Tanvir Ahmad Khan, JJ |
| Parties | MEHRBAN ALI — Petitioner Versus THE STATE and another — Respondents |
Q1: What are the key laws and sections cited in 2004 PLP 229 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 229 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Tanvir Ahmad Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 229 (SCMR) (MEHRBAN ALI — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Rafiq Javed Butt, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record (Absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 22nd May, 2002.
- 2. Heard Mr. Rafiq Javed Butt; learned Advocate Supreme Court on behalf of petitioner who mainly contended that since the challan against the petitioner has already been submitted thus the cancellation of hail cannot be considered as justified. It is also contended that the allegations as levelled in the F.I.R. are baseless and without any substance. It is further contended that the petitioner is innocent and no offence whatsoever has been committed by him.
Headnotes / Summary
(On appeal from the order, dated 9-5-2002 of the Lahore High Court, Lahore, passed in Criminal Miscellaneous 'No.655/CB of 2002). Criminal Procedure Code (V of 1898)
.
S. 497
Penal Code (XLV of 1860), Ss.420/467/468/471-- Constitution of Pakistan (1973), Art.185(3)
Serious allegations of fraud, forgery and extortion had been levelled against the accused which were not without substance
Complainant had been allegedly deprived from immovable property worth lacs of rupees on the basis of forgery and fake documents allegedly prepared by the accused
Power of-attorney executed by the complainant in favour of accused had been withdrawn for certain obvious reasons
Prima facie a case against the accused had been made out
Impugned order passed by High Court cancelling the bail granted to accused by the Sessions Court did not call for any interference--Leave to appeal was refused to accused in circumstances and bail was declined to him accordingly.
Judgment & Decree
JAVED IQBAL, J.
This criminal petition for leave to appeal is directed against the order dated 9-5-2002 passed by learned Lahore High Court, Lahore, whereby bail granted in favour of petitioner has been cancelled.
2. Heard Mr. Rafiq Javed Butt; learned Advocate Supreme Court on behalf of petitioner who mainly contended that since the challan against the petitioner has already been submitted thus the cancellation of hail cannot be considered as justified. It is also contended that the allegations as levelled in the F.I.R. are baseless and without any substance. It is further contended that the petitioner is innocent and no offence whatsoever has been committed by him.
3. We have carefully examined the contentions as agitated on behalf of petitioner in the light of relevant provisions of law and record of the case. We have perused with care and caution the order dated 13-12-2001 passed by learned Additional Sessions Judge, Samundari, and order impugned. After having gone through the entire record we are of the considered view that very serious allegations of fraud, forgery and extortion have been levelled which are not without substance. The complainant has been allegedly deprived from immovable property worth whereof runs into lacs on the basis of forgery and fake documents allegedly prepared by the petitioner. There is no denying the fact that power-of-attorney was executed in favour of the petitioner by the complainant which was subsequently withdrawn for certain obvious reasons. A careful scrutiny of the record is demonstrative of the fact that prima facie a case is made out against the petitioner and the order impugned does not call for any interference. As mentioned hereinabove challan has been submitted and accordingly the petitioner would be at liberty to move an application for bail, after the statement of complainant is recorded, which shall be decided in accordance with law and on its own merits. The petition being devoid of merit is dismissed. The observations made hereinabove are tentative in nature and shall not affect the merit of the case. N. H. Q./M-430/S Leave refused.