Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 420/468/471

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 420/468/471-- Pre-arrest bail, confirmation of--Co-accused granted post arrest bail--Allegation against the petitioner is that he made forged signature of the complainant on a cheque and issued the said to his co-accused--No forensic test of the alleged forged signature of the complainant has been conducted--Co-accused has been granted post arrest bail by the Court of competent jurisdiction which remains unchallenged by the complainant--consideration for pre-arrest bail and post arrest bail are entirely on different footings, would be only limited up to the arrest of the petitioner--Soon after the arrest, he would become entitled for the consideration of post arrest bail--Confirm the pre-arrest bail of the petitioner. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Co-accused granted post arrest bail--Pre-arrest bail, confirmation of--Co-accused has been granted post arrest bail--Soon after the arrest, he would become entitled for the consideration of post arrest bail--Confirm the pre-arrest bail. 1986 SCMR 1380 ref. ORDER Sayyed Mazahar Ali Akbar Naqvi, J.--Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 22.10.2021 passed by the learned Single Judge of the Lahore High Court, Lahore, with a prayer to grant pre-arrest bail in case registered vide FIR No. 868 dated 26.05.2021 under Sections 420/468/471, P.P.C. at Police Station Madina Town, District Faisalabad, in the interest of safe administration of criminal justice. 2. Briefly stated the prosecution story is that the complainant and the petitioner had a joint bank account. The allegation against the petitioner is that he dishonestly made forged signatures of the complainant on a cheque and issued the said cheque to his co-accused, which was presented to bank but it was declined due to insufficient funds and thus committed cheating and fraud. 3. At the very outset, it has been argued by learned counsel for the petitioner that the petitioner has been falsely roped in the present case against the actual…

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