2010 PLP 1807 (MLD)
Syed RAZA HUSSAIN SHAH and another — Petitioners Versus THE STATE and another — Respondents
| Citation | 2010 PLP 1807 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Syed RAZA HUSSAIN SHAH and another — 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 2010 PLP 1807 (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 1807 (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 1807 (MLD) (Syed RAZA HUSSAIN SHAH and another — Petitioners Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Najeeb Faisal Chaudhry for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.420, 468 & 471
Cheating, forgery, using as genuine forged document
Bail before arrest, refusal of
Accused were nominated in the F.I.R.
Prima facie accused had committed an offence relating to the revenue record and tried to usurp the land of a woman
Accused had been found guilty during the investigation
Bail before arrest was extraordinary judicial relief, which required extraordinary circumstances
No such circumstances being available in the case, bail application was dismissed.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Syed Raba Hussain and Liaqat Ali petitioners seek bail before arrest in case F.I.R. No. 521 of 2009 offence under sections 420, 468 and 471, P.P.C. registered at Police Station Saddar Kharian, District Gujrat. Precisely allegation against the petitioners is that they got attested a forged mutation by presenting a fake lady to deprive one Raheem Bibi of her property.
2. Learned counsel for the petitioners, in support of this petition, contends that the land subject-matter of the fraud has been reverted back to its original owner on the request of petitioner No. 1; that the petitioners have joined the Police investigation and are no more required for the purpose of investigation; that as a matter of fact the fraud, if any, was committed by the Patwari Halqa.
3. Learned counsel for the complainant (Syed Azmat Hussain Shah on whose application the proceedings were initiated) opposes the bail application on the grounds that the petitioners are nominated in the F.I.R.; that there is sufficient incriminating evidence against the petitioner; that the mutation was attested at the behest of the petitioners, therefore, they are not entitled to the extraordinary judicial relief of bail before arrest. 4 Learned Deputy Prosecutor-General also opposes the bail petition on the grounds that the petitioners have been found guilty during the investigation and the case was got registered by D.D.O. (R) Kharian, therefore, there is no question of false implication.
5. Petitioners are nominated in the F.I.R. Prima facie, they have committed an offence relating to the Revenue Record and tried to usurp the land of a woman. They have been found guilty during the investigation. Bail before arrest is extraordinary judicial relief, which requires extraordinary circumstances. No such circumstances are available in this case, therefore, this application is dismissed accordingly. H.B.T./R-51/L Bail refused.