| Citation(s) |
|---|
| 2011 SLG 2191 2011 SLD 2191 2011 YLR 851 |
Lahore High Court
Criminal Miscellaneous No. 5437-B of 2010, decided on 9th June, 2010
CH. MUHAMMAD TARIQ, J
Azar Lateef Khan for Petitioners. Arif Kareem Chaudhry, D.P.G. Rana Faheem Afzal for the Complainant. Muhammad Sain, S.I
Criminal Miscellaneous No. 5437-B of 2010, decided on 9th June, 2010
CH. MUHAMMAD TARIQ, J
Azar Lateef Khan for Petitioners. Arif Kareem Chaudhry, D.P.G. Rana Faheem Afzal for the Complainant. Muhammad Sain, S.I
SAKINA BIBI and others
VS
THE STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), Ss.420/468/471/380---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, theft in dwelling house---Pre-arrest bail, grant of---Lady accused only was alleged to have prepared a forged and fabricated sale-deed in her favour in respect of the disputed house---Registered sale-deed with the photographs of the vendor, vendee and the witness was available on record in favour of the said lady accused---Civil suit in this respect was also pending before a competent court, in which the local commission appointed by the court had approved the possession of the accused over the house in dispute---Sub-Registrar concerned had confirmed that the lady accused had been shown as owner in the relevant record---Other accused persons in the F.I.R. were not alleged to have either executed a forged document or signed the same as marginal witnesses etc.---Aforesaid facts had made the case of accused of further inquiry---Pre-arrest bail was allowed to accused in circumstances. ORDER CH. MUHAMMAD TARIQ, J.---Petitioners seek their bail before arrest in case F.I.R. No.84 of 2010 dated 24-1-2010 registered under sections 420, 468, 471, 380, P.P.C. at Police Station Factory Area, Lahore. 2. The precise allegation against the petitioners is that the complainant is owner of suit house which was rented out to the petitioners but petitioner No. 1 prepared -a forged and fabricated- sale-deed in her favour in respect of suit house situated at Al-Noor Town, Lahore. 3. The petitioners applied for their bail before arrest before the learned Additional Sessions Judge, Lahore which was dismissed on 19-5-2010, hence this petition. 4. Learned counsel for the petitioners contends that the petitioners are innocent. They have not committed any offence. The petitioner No.1 purchased the suit house against consideration and there is a registered sale deed in favour of petitioner. He further contends that civil suit is also pending between the parties in respect of suit house, therefore, the case against the petitioners is of further inquiry so ad interim bail…
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