Case Details

Citation(s)
2023 SLG 356 2023 SLD 356 2023 YLR 485
High Court (AJ&K)
Revision Petitions Nos. 127, 253, 254, 64-A, 255, 256, 257, 258 of 2021, 6, 7 and 19 of 2022, decided on 26th April, 2022.
SARDAR MUHAMMAD EJAZ KHAN, J

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IKRAMULHASSAN and others

VS

STATE through Additional Advocate General and others

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 465,466,467,468,471,409,420

Law: Prevention of Corruption Act, 1947

Section: 5

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 465, 466, 467, 468, 471, 409, 419, 420---Prevention of Corruption Act (II of 1947), S. 5---Forgery---Criminal mis-conduct---Bail, refusal of---Scope---Allegations levelled against the accused persons pertained to preparing fake documents, making forged entries in record, misappropriation of a huge amount from Government treasury and fixing stamps and signs of different persons including Sub-Registrar---Principal accused was the registration clerk in the office of Sub-Registrar who had misused his assignment---Characters of accused persons had become apparent after investigation and specific roles had been attributed to them, which were corroborated by documentary evidence as well as statements of witnesses recorded under S. 161, Cr.P.C.---Offence with which the accused persons were charged fell within the prohibitory clause of S. 497, Cr.P.C.---In such like cases refusal of bail was a rule and acceptance was an exception---Accused persons had failed to point out any special feature which could bring their cases in any of the exceptions---Accused persons had also failed to substantiate that their involvement in the cases was a product of mala fide or ill-will on the part of complainants or investigation agency---Case of one of the accused persons was different from others as he was only a marginal witness of power of attorney and he was not involved in other chain of…
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