| Citation(s) |
|---|
| 2010 SLG 929 2010 SLD 929 2010 PLJ 626 |
Lahore High Court
Crl. Misc. No. 2056-B of 2010, decided & hearing on 17.06.2010.
TARIQ, JAVAID, JUSTICE
Mr. Muhammad Ramzan Khalid Joya, Advocate for Petitioner. Malik Muhammad Jafar, DPG for State.
Crl. Misc. No. 2056-B of 2010, decided & hearing on 17.06.2010.
TARIQ, JAVAID, JUSTICE
Mr. Muhammad Ramzan Khalid Joya, Advocate for Petitioner. Malik Muhammad Jafar, DPG for State.
HAMAND
VS
STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 467, 468, 471 & 420--Bail, grant of--Preparation a forged agreement to sell--Beneficiary of document--Principle of consistency--Held: Beneficiary of document is one deceased and the suit filed for Specific Performance of the contract has already been dismissed--Property has not been transferred and it was an attempt to commit the offence--Interest of complainant was already secured--Co-accused whose role was graver than the petitioner, has already been allowed bail by High Court was also entitled to same relief on principle of consistency--Bail was allowed. THIS ORDER PASSED BY: TARIQ JAVAID, JUSTICE---.--- The petitioner, through this petition seeks post arrest bail in case FIR No.49 dated 01.02.2010, under Sections 467/468/471/420 PPC registered at Police Station, Harrapa District Sahiwal. 2. Allegation against the petitioner is that he along with his co-accused prepared a forged agreement to sell dated 22.07.1988. 3. Learned counsel for the petitioner contends that the petitioner has falsely been roped in this case; that during the course of investigation the petitioner was arrested and nothing was recovered from him; that actually Respondent No. 2/complainant of her own free will executed agreement to sell in favour of her brother Ahmad son of Lal; that the alleged occurrence as stated by the complainant has taken place on 22.07.1998 whereas the present FIR was got registered on 1.2.2010 with the delay of almost 12 years which casts a serious doubt; that the petitioner is neither beneficiary of the agreement to sell nor he has any concern whatsoever with the agreement to sell; that civil litigation is also pending between the parties wherein the veracity of the document has been assailed; that co-accused whose role is graver than the…
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