Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 498 --------- Penal Code (XLV of 1860), Ss.420, 467, 468, 471 & 34 --------- Cheating and dishonestly inducing delivery of property, forgery, using as genuine a forged document, common intention --------- Pre-arrest bail, confirmation of --------- Accused persons, were nominated in the FIR being beneficiaries of alleged false bank guarantee --------- Settlement/agreement was executed between the parties, and bank had obtained a compromise decree on the basis of said agreement and had filed an execution petition before the High Court, which was pending adjudication --------- Nothing was on record to establish that accused persons had caused any loss to the complainant Bank --------- Prosecution had failed to point out as to why the Bank guarantee was required by the Bank --------- Prima facie, it appeared that the bank upon failure to comply with the terms and conditions of agreement, had lodged case against accused persons just to effect the recovery of amount --------- No mala fide existed on the part of accused persons, rather it was a negligent attitude of the Bank itself --------- Investigation in the case, had not properly been conducted with respect to the Bank guarantee --------- Investigating Agency failed to thrash out the matter regarding alleged forged documents, so as to determine the authenticity of same --------- Police record was also silent with regard to sending the signatures of Bank Officer to Forensic Science Agency for comparison, which had made the case doubtful --------- Prosecution had failed to place on record any kind of material with regard to the alleged preparation of false Bank guarantee by accused persons --------- Pre-arrest bail, was an extraordinary relief to be granted only in extraordinary situations to protect innocent persons against victimization through abuse of law for ulterior motive --------- Ad interim pre-arrest bail, already granted to accused persons was confirmed, in circumstances. Ch. Abdul Malik v. The State PLD 1968 SC 349; Muhammad Aslam v. The State 2000 YLR 1341; Nazar Muhammad and 2 others v. The State 2012 PCr.LJ 430 and Rana Muhammad Arshad v.…

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