| Citation(s) |
|---|
| 2011 SLG 411 2011 SLD 411 2011 SCMR 1533 |
Supreme Court of Pakistan
Criminal Petition No. 320-L of 2011, decision dated: 6-06-2011. (On appeal from the judgment dated 14-3-2011 passed by Lahore High Court, Lahore in Criminal Miscellaneous Nos. 2281-B/2011/09)
TASSADUQ HUSSAIN, JILLANI, MAHMOOD AKHTAR SHAHID SIDDIQUI AND ASIF SAEED KHAN KHOSA, JJ
Pir S.A. Rashid, Advocate Supreme Court for Petitioner. Mian Shah Abbas, Advocate Supreme Court and A.H. Masood, Advocate-on-Record for
Respondents. Ch. Z.A. Farooq, A.P.G. for the State
Criminal Petition No. 320-L of 2011, decision dated: 6-06-2011. (On appeal from the judgment dated 14-3-2011 passed by Lahore High Court, Lahore in Criminal Miscellaneous Nos. 2281-B/2011/09)
TASSADUQ HUSSAIN, JILLANI, MAHMOOD AKHTAR SHAHID SIDDIQUI AND ASIF SAEED KHAN KHOSA, JJ
Pir S.A. Rashid, Advocate Supreme Court for Petitioner. Mian Shah Abbas, Advocate Supreme Court and A.H. Masood, Advocate-on-Record for
Respondents. Ch. Z.A. Farooq, A.P.G. for the State
MUHAMMAD AZEEM
VS
THE STATE and another
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 420,467,468,471
Criminal Procedure Code (V of 1898)--- ----S. 497(2)-Penal Code (XLV of 1860), Ss. 420/467/468/471---Cheating and forgery---Bail, grant of--Case of further inquiry---Civil suit, pendency of---Complainant filed a civil suit two months prior to registration of case regarding same subject matter---No allegation of forgery and nothing was to be recovered from accused---Offences under Ss. 420 and 471, P.P.C. were bailable whereas Ss. 467 and 468, P.P.C. pertained to forgery, which issue required further inquiry so far as guilt of accused was concerned---Bail was allowed. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioner seeks bail in a case registered vide F.I.R. No. 820, under sections 420/467/468/471, P.P.C. at Police Station Rail Bazar, Faisalabad on 6-12-2010. 2. The prosecution story briefly stated is that petitioner while acting as a general attorney, sold the land, subject matter of the F.I.R. vide the agreement dated 10-8-2007 to the complainant but subsequently he sold the same land to Ghulam Farid and Muhammad Saleem. 3. Learned counsel for the petitioner seeks bail on the ground that even as per the prosecution story given in the F.I.R., there is no allegation of forgery; that the dispute is primarily civil in nature and that is why the complainant in the first instance tiled a civil suit on 3-9-2010 with regard to the same subject matter and notwithstanding the pendency of the civil suit, lie brought the dispute in criminal domain by getting the afore-referred case registered. Adds that he is behind the bars ever since his…
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