| Citation(s) |
|---|
| 2018 SLG 1531 2018 SLD 1531 2018 YLR 1411 |
Lahore High Court
Criminal Miscellaneous No. 106538-B of 2017, decision Dated: 29-11-2017.
ABDUL SAMI KHAN, JUSTICE
Rana Nadeem Ahmed for Petitioner. Ms. Tahira Parveen, D.D.P.P. for the State. Nemo for the Complainant.
Criminal Miscellaneous No. 106538-B of 2017, decision Dated: 29-11-2017.
ABDUL SAMI KHAN, JUSTICE
Rana Nadeem Ahmed for Petitioner. Ms. Tahira Parveen, D.D.P.P. for the State. Nemo for the Complainant.
SYED MEHMOOD ALI SHAH
VS
THE STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---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, grant of---Further inquiry---Unexplained delay of almost eight months in registration of FIR, prima facie showed deliberation and consultation---No allegation was on record of preparing forged document by the accused and only allegation was that he being a broker had arranged meeting of the complainant with co-accused, who had already received the amount from the complainant---Offences under Ss.420, 471, P.P.C., were bailable, while S.468, P.P.C., did not fall within the prohibitory clause of S.497, Cr.P.C.---Accused was previous non-convict; he was behind the bars since 10-9-2017, but his trial had not seen any fruitful progress---Investigation of the case was complete and accused was no more required for the purpose of further investigation, therefore, further incarceration of accused in jail would not serve any useful purpose---Grant of bail is a rule while its refusal is an exception in such like cases---Case of accused having become one of further inquiry, covered by subsection (2) of S.497, Cr.P.C., accused was granted bail, in circumstances. PLD 1995 SC 34 rel. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No.359/17 dated 18.03.2017 under sections 420, 468, 471, P.P.C., Police Station Harbance Pura, District Lahore. 2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is required at this stage. It has been noticed by this Court that there is a delay of almost eight months in registration of FIR which has not been explained by the complainant, which prima facie…
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