2010 PLP 2093 (YLR)
Syed RIAZ HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2010 PLP 2093 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Hasnat Ahmad Khan, J |
| Parties | Syed RIAZ HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 2093 (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 2010 PLP 2093 (YLR)?
The case was heard and decided by the Lahore bench comprising: Hasnat Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2093 (YLR) (Syed RIAZ HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Riaz Hussain for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.420/468/471
Cheating, forgery and using as genuine a forged document
Truck in question was in possession of the complainant, who was equipped with the original Registration Book of the said truck--According to the complainant, accused was guilty of forging of a transfer deed purportedly executed by owner of the truck in question in favour of accused--Investigating Officer, however, had conceded that the transfer deed allegedly forged by accused had never been sent to the Handwriting Expert for comparison of the signatures/thumb impression of executant of the said deed
Owner of truck/executant of said deed, had never been joined in the investigation
Case of accused who had been languishing in jail since 11-5-2009, in circumstances required further inquiry
Accused who had already been sent to judicial lock-up, was no more required for investigation purposes
Accused was allowed the concession of post-arrest bail, in circumstances. Ch. Muhammad Zafar Khan Deputy Prosecutor-General with Arif A.S-I. for the State. Abid Mukaram Sheikh for Complainant.
Judgment & Decree
HASNAT AHMAD KHAN, J.
Syed Riaz Hussain, the petitioner by submitting the instant application, seeks post-arrest bail in the case F.I.R. No.328/2009 dated 29-4-2009, registered at Police Station City B-Division, Sheikhupura in respect of the offences under sections 420/468/471 and 406, P.P.C.
2. In support of this petition learned counsel for the petitioner has contended that the prosecution story is totally false and frivolous; that the complainant who is brother-in-law (Sala) of the petitioner, suppressed the material facts while lodging the F.I.R. and that the truck in question had been transferred by its owner in favour of petitioner's grandson on the asking of complainant's late father vide a letter 4-7-2008, a copy of which has been produced before me.
3. Conversely learned Deputy Prosecutor-General assisted by the learned counsel for the complainant has opposed this petition vehemently by submitting that the petitioner is guilty of forging a transfer deed purportedly executed by Bashir Ahmad, the original owner of the truck. Learned counsel for the complainant further adds that the complainant is equipped with the original registration book of the truck in question.
4. Heard. Record perused.
5. Admittedly, the truck in question is presently in possession of the complainant, who is equipped with the original registration book of the said truck as well. According to the complainant the petitioner is guilty of forging of a transfer deed purportedly executed by Bashir Ahmad owner of the truck in question in favour of the petitioner. However, on Court's query the Investigating Officer concedes that the transfer deed allegedly forged by the petitioner has never been sent to the handwriting expert for comparison of the signatures/thumb impression of Bashir Ahmad, executant of the said deed. He further concedes that the said Bashir Ahmad has never been joined in the investigation. In the circumstances, case of the petitioner, who has been languishing in jail since 11-5-2009, requires further inquiry. The petitioner has already been sent to judicial lock-up and, therefore, he is no more required for investigation purposes.
6. For what has been stated above, the application in hand is accepted and the petitioner is allowed the concession of post-arrest bail subject to his furnishing bail bonds in a sum of Rs.1,00,000 (Rupees on hundred thousand) with two sureties in the like amount to the satisfaction of the learned trial Court. H.B.T./R-25/L Bail granted.