Case Details

Citation(s)
2018 SLG 2037 2018 SLD 2037 2018 MLD 1582

Criminal Miscellaneous No. 30 of 2018, decided & hearing on 24-04-2018.
MALIK HAQ NAWAZ, JUSTICE
Dy. A.G. assisted by Anis Ullah Khan, Legal Advisor Food Department G.B. for Petitioners. Islam-ud-Din for
Respondents.

THE STATE THROUGH ADVOCATEGENERAL AND ANOTHER

VS

MIRZA HUSSAIN

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating, forgery and using as genuine a forged document---Cancellation of bail application for---Accused being authorized agent of company allegedly submitted property documents during bidding on behalf of the company, but said documents on verification were found forged---Complainant contended that Sessions Court had wrongly granted pre-arrest bail to the accused/respondent---First Information Report had been lodged by a responsible Government official having no personal grudge against the accused to falsely implicate him in the case---Involvement of the accused in submission of forged documents had not been denied by the respondent---Sessions Court had allowed bail before arrest without keeping in view the fact that bail before arrest was only to be granted, when the registration of the case was based on enmity, apparent malafide, or where no offence was either shown to have been committed or where from bare reading of FIR, no offence was made out---Such ingredients were completely lacking in the present case---Chief Court recalled the order granting pre-arrest bail, passed by the Sessions Court---Application for cancellation of bail was allowed, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The respondent was booked for the offences under sections 421/468/420, P.P.C. vide FIR No. 67/2017 registered at Police Station Jutial Gilgit on 13.06.2017. 2. The respondent applied for bail before arrest in the Court of vacation Judge Gilgit, which was allowed to him vide order dated 23.01.2018. Paras 7, 8 and 9 of the order of the learned vacations Sessions Judge are reproduced for ready reference:-- 7. "It is apparent from record that petitioner/accused is agent of Capital Marketing Services Islamabad and not the owner/ proprietor of Capital Marketing Services Islamabad. Although agent acts on behalf of principal but in no way he can be equated with principle/owner of company or firm. For the sake of arguments if we presumed that Property Certificate presented by the petitioner/accused is fake even then the owner of said Company or Firm is…
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