| Citation(s) |
|---|
| 2022 SLG 1118 2022 SLD 1118 2022 SCMR 821 |
Supreme Court of Pakistan
Criminal Petition No. 1255 of 2021, decision Dated: 12-01-2022, Date of hearing: 12-01-2022. (On appeal against the order Dated 22.10.2021 passed by the Lahore High Court, Lahore in Crl. Misc. No. 40770-B/2021)
MAQBOOL BAQAR, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Mian Ismat Ullah, Advocate Supreme Court for Petitioner along with Petitioner. Mirza Muhammad Usman, D.P.G., Tausif, DSP and Zubair, ASI for the State. Munawar Iqbal Duggal, Advocate Supreme Court for
Respondent No. 2.
Criminal Petition No. 1255 of 2021, decision Dated: 12-01-2022, Date of hearing: 12-01-2022. (On appeal against the order Dated 22.10.2021 passed by the Lahore High Court, Lahore in Crl. Misc. No. 40770-B/2021)
MAQBOOL BAQAR, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Mian Ismat Ullah, Advocate Supreme Court for Petitioner along with Petitioner. Mirza Muhammad Usman, D.P.G., Tausif, DSP and Zubair, ASI for the State. Munawar Iqbal Duggal, Advocate Supreme Court for
Respondent No. 2.
MUHAMMAD KASHIF IQBAL
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),498
Law: Pakistan Penal Code, 1860
Section: 420,468,471
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)---Ss. 498 , 497(2)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 420, 468 , 471---Using forged signatures on a cheque---Ad interim pre-arrest bail, confirmation of---Further inquiry---As per the contents of the crime report, the accused and the complainant were maintaining a joint Bank account---Allegation against the accused was that he made forged signatures of the complainant on a cheque and issued the said cheque to his co-accused---When the cheque was presented to the Bank, it returned the same due to insufficient funds and mismatch of the signatures of the complainant---Plea of accused that the cheque book was in the custody of the complainant; ten cheques from the same cheque book have already been encashed at the behest of the complainant and the accused never issued the disputed cheque---Held, that no forensic test of the alleged forged signatures of the complainant had been conducted so far to ascertain as to whether the signatures were forged or real---Amount for which the cheque was given had not been mentioned in the crime report---Admittedly co-accused of the accused had been granted post-arrest bail by the court of competent jurisdiction which remained unchallenged by the complainant---Any order by the Supreme Court on any technical ground that the consideration for pre-arrest bail and post-arrest bail were entirely on different footing, would be only limited upto the arrest of the accused because of the reason that soon after his arrest he would become entitled for the concession of post-arrest bail on the plea of consistency---In such circumstances case of the accused squarely fell within the purview of S. 497(2), Cr.P.C. requiring further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and ad-interim pre arrest bail granted to the accused was confirmed. Muhammad Ramzan v. Zafarullah 1986 SCMR 1380 ref. ORDER: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- 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…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492