2007 PLP 3004 (YLR)
FARYAD ALI — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 3004 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Tariq Shamim, J |
| Parties | FARYAD ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal-Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 3004 (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 2007 PLP 3004 (YLR)?
The case was heard and decided by the Lahore bench comprising: Tariq Shamim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3004 (YLR) (FARYAD ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.420, 467, 468 & 471
Pre-arrest bail, refusal of--Accused was nominated in the F.I.R. and specific role had been ascribed to Nina
Accused, who was a property dealer, was the master. mind behind the cringe and was the beneficiary of major portion of the amount fraudulently received by him
Purported buyer and owner of property in dispute, were allowed bail on the basis of two affidavits sworn in by the complainant which disclosed that said two persons were also victims of the fraud perpetrated by accused
Said persons had been let off by .the complainant after being satisfied of their innocence in the matter
Document in question was sent for comparison of the signatures and the report received, had revealed that signature of the complainant had been forged on the said document
Accused during investigation, was found to be fully implicated in the crime by the police
After being allowed ad interim. pre-arrest bail by the High Court, accused had failed to join the investigation and had made an attempt to do so only a night before
No mala, fides of complainant or the police lead been shown or established by accused for his false involvement in the case
No case for bail before arrest having been made out, petition was dismissed. Muhammad Salman Arif for the Petitioner. Ch. Muhammad Jawad Zafar for the Complainant. Abdul Latif Hanjra, Deputy Prosecutor General with Muhammad Boota, A.S.-I. with record.
Judgment & Decree
TARIQ SHAMIM, J.
Through this petition, the petitioner seeks pre-arrest bail in case F.I.R. No. 353, dated 27-3-2007 for offences under sections 420, 467, 468, 471, P.P.C. registered at Police Station, North Cantt., Lahore.
2. The brief facts of the case are that the petitioner and others are alleged to have prepared a forged agreement to sell regarding the house of one Kashif Saifi and fraudulently received Rs.4,00,000 from one Tahir Shah. In the forged agreement to sell one Jan Muhammad was mentioned as owner of the house instead of Kashif Saifi.
3. The learned counsel for the petitioner contended that Tahir Shah and Jan Muhammad, the purported buyer and the owner of the property respectively were allowed pre-arrest as well as post-arrest bail by the learned lower Court and therefore, keeping in view the rule of consistency the petitioner is also entitled to the same concession,. that the forged document does not bear the name, signature or thumb-impression- of the petitioner who was not a beneficiary of the said document; therefore, the. case of the petitioner was one of further enquiry, that the petitioner had joined the investigation and since he had not signed any document, therefore; nothing had to be recovered from him.
4. The learned Deputy Prosecutor General as well as the learned counsel for the complainant has vehemently opposed the petition.
5. I have heard the learned counsel for the parties and perused the record.
6. It has been noticed that the petitioner is nominated in the F.I.R. and specific role has been ascribed to him. According to the Investigating Officer the petitioner is a property dealer and the master mind behind the crime. The total sale price 'of the house was fixed at Rs.4,00,000 out of which the petitioner has received Rs.3,30,000, thus he is the beneficiary of major portion of the amount fraudulently received by the accused. Tahir A Shah and Jan Muhammad were allowed bail by the learned. lower Court on the basis of two affidavits sworn. in by the complainant which disclose that the said two persons were also victims of -.the fraud perpetrated by the petitioner and therefore; they have been let off by the complainant after being satisfied of their innocence in the matter. The document in question was sent for comparison of the signatures and the report received reveals that the signatures of the complainant had been forged on the said document. During investigation the petitioner was found to be fully implicated in the crime by the police. Moreover, after being allowed ad interim pre-arrest bail by this Court on 20-6-2007 the petitioner has failed to .join the investigation and has made an attempt to do so only last night. No mala fides of the complainant or the A police have been shown or established by the petitioner for his false involvement in the case.
7. In view of what has been discussed above, no case -for bail before arrest is made out. The petition having no force is dismissed. H.B.T./F-22/L Petition dismissed.