Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 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---Bail, confirmation of---Further inquiry---Complainant alleged that accused persons with their co-accused prepared forged documents and tried to occupy the disputed property---Fingerprint Examination Report reflected that in fact complainant had himself thumb marked those documents---Complainant was not the affected party of the alleged crime but the real owners who could lodge FIR against culprits in the crime; no application was moved on behalf of real owners regarding preparation of forged documents---Investigating officer conceded that he failed to associate real owners of property in the investigation---Forged documents were allegedly prepared by accused and complainant; in absence of statements of real owners of disputed property, police failed to conclude the investigation---Prima facie, no direct evidence was available on record against accused persons regarding their involvement in commission of alleged forgery---Mens rea, if any, could validly be determined by Trial Court after recording of evidence---Ad interim pre-arrest bail already allowed to accused was confirmed accordingly. THIS ORDER PASSED BY: MUHAMMAD ANWAARUL HAQ, J.--- Through this petition, Ch. Irfan Ali and Sohail Anjum petitioners seek pre-arrest bail in case FIR No.112/16, dated 02.03.2016 registered at Police Station Kotwali, District Faisalabad in respect of offences under sections 420, 468 and 471, P.P.C. 2. Arguments heard. Record perused. 3. As per FIR there is general allegation against the petitioners and their co-accused Muhammad Razzaq that they with their common intention allegedly prepared forged documents i.e. agreement to sell regarding the disputed property in favour of petitioner Ch. Irfan Ali and some receipts of payment and on the basis of the same tried to occupy the disputed property. 4. Order sheet reflects that on 13.06.2016, Hon'ble Mrs. Justice Erum Sajad Gull (not available because of summer vacations) had directed the police…

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