| Citation(s) |
|---|
| 2013 SLG 2689 2013 SLD 2689 2013 YLR 1624 |
Lahore High Court
Criminal Miscellaneous No. 14530/B of 2012, decided on 6th November, 2012
SHAHID HAMEED DAR, J
Mian Faiz Ali for Petitioners Nos.1 to 3. Ch. Muhammad Akram Tahir, DDPP for the State. Adeel Hashmi for the Complainant. Nawaz S.I. with record
Criminal Miscellaneous No. 14530/B of 2012, decided on 6th November, 2012
SHAHID HAMEED DAR, J
Mian Faiz Ali for Petitioners Nos.1 to 3. Ch. Muhammad Akram Tahir, DDPP for the State. Adeel Hashmi for the Complainant. Nawaz S.I. with record
AMEER KHAN and 2 others
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 195(c)---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Ad interim pre-arrest bail, confirmation of---Surety bonds filed for bail on basis of bogus documents---Accused persons were granted ad interim pre-arrest bail in connection with an F.I.R. and filed surety bonds on basis of sale-deeds, which were subsequently declared as bogus---Accused persons appeared to have fallen prey to the crookedness and unscrupulousness of the surety, who single-handedly, managed the whole affair, on the strength of two bogus sale-deeds---Offence had been committed during course of judicial proceedings, which rendered it essential that procedure under S. 195(c), Cr.P.C should have been followed before the matter was reported to police for registration of a case against the accused persons---Whether or not complainant was an aggrieved person who had the legal authority to lodge the F.I.R. in question could only be determined by the Trial Court---Even otherwise accused persons had moved an application before the Magistrate for filing fresh bail bonds by contending that they had been deceived by the surety---F.I.R. for which accused persons were granted bail was also found as false---Ad-interim pre-arrest granted to accused persons was confirmed in circumstances. ORDER SHAHID HAMEED DAR, J.---Ameer Khan, Aman Ullah and Muhammad Ali (petitioners) seek bail before arrest in case F.I.R. No.963 of 2012 dated 6-7-2012 registered for offences under sections 420, 468, 471 P.P.C. at Police Station, Islampura (Lahore). 2. Precisely the allegation against the petitioners is that they sought ad interim bail before arrest from the Court of a learned Addl: Sessions Judge at Lahore in case F.I.R. No.267 of 2012 under section 380, P.P.C. registered at Police Station Green Town, Lahore and filed surety bonds on the basis of bogus documents/sale-deeds which were declared as such by the Sub-Registrar Ravi Town, Lahore. 3. After hearing learned counsel for the parties and perusing the record, it is observed that the…
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