| Citation(s) |
|---|
| 2015 SLG 2404 2015 SLD 2404 2015 PCRLJ 1169 |
Lahore High Court
Crl. Misc. No. 1424-B of 2015, decided on 19th February, 2015.
MUHAMMAD YAWAR ALI, J
Malik Rab Nawaz for Petitioners. Abdul Jabbar Dogar, D.D.P.P. with Ubaid Ullah, S.I. for the State. Muhammad Zahid Qureshi for the Complainant
Crl. Misc. No. 1424-B of 2015, decided on 19th February, 2015.
MUHAMMAD YAWAR ALI, J
Malik Rab Nawaz for Petitioners. Abdul Jabbar Dogar, D.D.P.P. with Ubaid Ullah, S.I. for the State. Muhammad Zahid Qureshi for the Complainant
ZAFAR ALI and another
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Pre-arrest bail, confirmation of--- FIR had been lodged with an inordinate delay of 1-1/2 months, for which no plausible explanation was forthcoming---FIR had been lodged by the complainant with mala fide intention and ulterior motives on account of civil litigation, which was pending between the parties---Accused persons had been charged with offences which did not fall within the prohibitory clause of S.497, Cr.P.C.---Grant of bail was a rule, and refusal was an exception in the cases not punishable with death, imprisonment for life, or ten years imprisonment---Accused persons were previous non-convicts---Ad-interim pre-arrest bail earlier allowed to accused persons, was confirmed by High Court in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. ORDER MUHAMMAD YAWAR ALI, J.---Through this petition filed under section 498, Cr.P.C., the petitioners, Zafar Ali and Allah Yar seek pre-arrest bail in FIR No.1145/2014 dated 10-11-2014 for offences under sections 420, 468, 471, P.P.C. registered at Police Station City Chiniot, District Chiniot. 2. Arguments have been heard and the record perused. 3. The FIR has been lodged with an inordinate delay for which no plausible explanation is forthcoming. The date of occurrence as given in the body of the FIR is 25-9-2014 whereas the same was lodged with a long delay on 10-11-2014. The petitioner, Zafar Ali filed a civil suit qua the property mentioned in the FIR before the Senior Civil Judge Chiniot in which the complainant is…
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