Law: Criminal Procedure Code (V of 1898)

Section: 497(1)(2)

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.420, 468 & 471---Cheating, forgery and using as genuine a forged document---Bail, grant of---Further inquiry---Unexplained inordinate delay of two years in lodging the F.I.R.---On the basis of impugned agreement, a civil suit was filed by accused after about one year and three months from its execution---Such suit was pending before civil court and complainant was appearing in the suit---F.I.R. was lodged after institution of the civil suit and prima facie matter had been converted into criminal litigation---Case against accused, in circumstances, was that of further inquiry under S.497(2), Cr.P.C.---Offences under Ss.420/471, P.P.C. were bailable---Offence under S.468, P.P.C. though was non-bailable, but the punishment provided for that offence was seven years, which did not fall within the ambit of prohibitory clause of S.497(1), Cr.P.C.---Accused was behind the bars since 4-3-2011 and was no more required by Police for further investigation---Incarceration of accused would not serve any useful purpose, in circumstances---Accused was admitted to bail. THIS ORDER PASSED BY: ALTAF IBRAHIM QURESHI, J.--- Petitioner Tanvir Ishaq seeks post-arrest bail in case, F.I.R. No.96 of 2011 dated 6-2-2011, under sections 420, 468, 471 P.P.C., registered at Police Station Civil Lines Gujrat. 2. Briefly, the prosecution version as contained in the F.I.R. is that the petitioner, in connivance with his co-accused, prepared a forged agreement to sell on behalf of the complainant and his son with mala fide intention and ulterior motive in order to deprive them from their valuable property. 3. Learned counsel for the petitioner submits that petitioner has been falsely roped in this case with mala fide and ulterior motive; that F.I.R. has been lodged after inordinate delay of about two years; that dispute between the parties is of civil nature and has been converted into criminal litigation; that the offences under sections 420/471 P.P.C. are bailable, whereas the offence under section 468, P.P.C. is non-bailable but the punishment provided for this offence is seven years which does not fall…

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