2013 PLP 1624 (YLR)
AMEER KHAN and 2 others — Petitioners Versus The STATE and another — Respondents
| Citation | 2013 PLP 1624 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Shahid Hameed Dar, J |
| Parties | AMEER KHAN and 2 others — Petitioners Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 1624 (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 2013 PLP 1624 (YLR)?
The case was heard and decided by the Lahore bench comprising: Shahid Hameed Dar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 1624 (YLR) (AMEER KHAN and 2 others — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Faiz Ali for Petitioners Nos.1 to 3.
Headnotes / Summary
Ss. 498 & 195(c)
Penal Code (XLV of 1860), Ss. 420, 468 & 471
Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document
Ad interim pre-arrest bail, confirmation of
Surety bonds filed for bail on basis of bogus documents
Accused persons were granted ad interim pre-arrest bail in connection with an F.I.R. and filed surety bonds on basis of sale-deeds, which were subsequently declared as bogus
Accused persons appeared to have fallen prey to the crookedness and unscrupulousness of the surety, who single-handedly, managed the whole affair, on the strength of two bogus sale-deeds
Offence had been committed during course of judicial proceedings, which rendered it essential that procedure under S. 195(c), Cr.P.C should have been followed before the matter was reported to police for registration of a case against the accused persons
Whether or not complainant was an aggrieved person who had the legal authority to lodge the F.I.R. in question could only be determined by the Trial Court
Even otherwise accused persons had moved an application before the Magistrate for filing fresh bail bonds by contending that they had been deceived by the surety
F.I.R. for which accused persons were granted bail was also found as false
Ad-interim pre-arrest granted to accused persons was confirmed in circumstances. Ch. Muhammad Akram Tahir, DDPP for the State. Adeel Hashmi for the Complainant. Nawaz S.I. with record.
Judgment & Decree
SHAHID HAMEED DAR, J.
Ameer Khan, Aman Ullah and Muhammad Ali (petitioners) seek bail before arrest in case F.I.R. No.963 of 2012 dated 6-7-2012 registered for offences under sections 420, 468, 471 P.P.C. at Police Station, Islampura (Lahore).
2. Precisely the allegation against the petitioners is that they sought ad interim bail before arrest from the Court of a learned Addl: Sessions Judge at Lahore in case F.I.R. No.267 of 2012 under section 380, P.P.C. registered at Police Station Green Town, Lahore and filed surety bonds on the basis of bogus documents/sale-deeds which were declared as such by the Sub-Registrar Ravi Town, Lahore.
3. After hearing learned counsel for the parties and perusing the record, it is observed that the petitioners appear to have fallen prey to the crookedness and unscrupulousness of the surety, Muhammad Idrees who, single-handedly, managed the whole affair, on the strength of two bogus sale-deeds. The offence as noted above, has certainly been committed during the course of judicial proceedings which rendered it essential that the procedure as enshrined in section 195(c) of the Criminal Procedure Code should have been followed in letter and spirit before the matter was reported to the police for registration of a case against the petitioners. Whether or not the complainant was an aggrieved person or he had the legal authority to lodge the F.I.R. in question can only be determined by the learned trial Court, while looking into the requirement of law. Even otherwise the petitioners moved an application before the learned Area Magistrate on 7-5-2012 for filing fresh bail bonds by contending that they had been deceived by the surety Muhammad Idrees. One of the petitioners namely Ameer Khan got registered case F.I.R. Nos.1220 of 2012 dated 1-9-2012 under sections 420, 468, 471 P.P.C. at Police Station Islampura (Lahore) against the above said surety, for having committed an offence of cheating, fraud and forgery. There is another important circumstance which may not be lost sight of that case-F.I.R. No.267(supra) was found false during the course of investigation. The dubiousness of the prosecution case, as it appears from the tenor thereof, entitles the petitioners to grant of the relief prayed for.
4. Therefore, the instant application is accepted and the ad interim pre-arrest bail granted to the petitioners Nos.1 to 3 vide order dated 9-10-2012 is confirmed subject to furnishing fresh bail bonds in the sum of Rs.1,00,000 each with one surety each in the like amount to the satisfaction of learned trial Court. MWA/A-20/L Bail confirmed.