| Citation(s) |
|---|
| 2014 SLG 487 2014 SLD 487 2014 MLD 799 |
Lahore High Court
Criminal Miscellaneous No. 5147-B of 2013, decision Dated: 26-11-2013.
MAHMOOD AHMAD BHATTI, JUSTICE
Malik Muhammad Zafar Iqbal for the Petitioner. Mian Abdul Qayyum, A.P.G. with Liaquat Ali, S.I. for the State. Nemo for the Complainant.
Criminal Miscellaneous No. 5147-B of 2013, decision Dated: 26-11-2013.
MAHMOOD AHMAD BHATTI, JUSTICE
Malik Muhammad Zafar Iqbal for the Petitioner. Mian Abdul Qayyum, A.P.G. with Liaquat Ali, S.I. for the State. Nemo for the Complainant.
MUHAMMAD AZHER
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---Holes were noticed in the prosecution story---Complainant had launched criminal proceedings, despite pending a civil suit in the competent court of law between the parties in which leave to appeal had been granted---Such aspect of the case had reflected adversely on the bona fides of the complainant---Report of Handwriting expert was conspicuous by its absence---Alleged false, forged and fabricated document handed over to the complainant by accused, could very well serve as a ground of defence for him in the suit---Court after recording evidence of the parties, would be in a better position to adjudicate upon as to whether, the pro note produced before it was genuine or forged one---Unless controversy as to the genuineness or otherwise of pro note in question was determined; it would not serve the purpose of justice to send accused behind the bars---Delay of almost two months in registration of the case against accused had not been explained satisfactorily---Offence under S.420, P.P.C. was bailable; while the offences under Ss.468 & 471, P.P.C. were non-cognizable---Interim pre-arrest bail granted to accused, was confirmed in circumstances. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE:---.--- Muhammad Azhar, the petitioner has moved this petition for the grant of pre-arrest bail in case F.I.R. No. 571/2013 dated 15-8-2013 registered under sections 420, 468 and 471 P.P.C. at Police Station Model City, Lodhran, District Lodhran. 2. The above case was registered on the written application of Muhammad Iqbal, the complainant who alleged that he obtained loan of Rs.1,00,000 (Rupees One Hundred Thousand) from Muhammad Azhar, on 20-6-2013. The complainant executed a promissory note/pronote in favour of Muhammad Azhar. It was further alleged by him that on the very same day, viz. 20-6-2013 he paid back Rs.1,00,000 to the accused/petitioner, in addition to Rs.25,000 which was received by him by way of…
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