Case Details

Citation(s)
1989 SLD 65 = 1989 PCRLJ 239

Criminal Bail Application No. 984 of 1988, decided on 6th October, 1988.
Ahmed Ali U. Qureshi, J

JAWAID AKHTAR Applicant

VERSUS

THE STATE--Respondent

Law:

Section:

This is bail application moved by the applicant for bail before arrest, who alongwith one Moulvi Abdul Hameed, is facing trial before the Sessions Court (East) Karachi for the offences punishable: under sections 416, 420, 465, 468, 447; 448, 471, 109 and 34 , P.P.C.   It is alleged by the prosecution that the present applicant, alongwith Moulvi Abdul Hameed, forged certain documents viz. power of attorney, sale agreement, identity card, receipt of the sale price, etc. purporting to be bearing the signatures of Umer Qureshi, owner of Plot No. 43-II, Block VI, P.E.C.H.S., Karachi in respect of the said plot in favour of the accused persons.   It is further alleged that the accuses persons allegedly broke open the lock of the said plot and encroached thereupon.   Mr. Umer Qureshi resides in U.K. and as he is a British citizen, his affairs in Pakistan are looked after by his attorney Nasim Hussain, whys tiled such written complaint before the S.H.O. Ferozeabad Police Station, Karachi, who incorporated tire same in the 154, Cr.P.C. Book on 8-5-1985 al 5-00 p.m.   The bail application of co-accused Moulvi Abdul Hameed was rejected by this Court vide order, dated 27-6-1988 in Criminal, Bail Application No. 621 of 1988.   6 It is submitted by Mr. Muhammad Hayat Junejo, learned counsel for the applicant that all the offences with which the applicant is charged are ether bailable or are punishable with less than 10 years' imprisonment and as such do not fall within the mischief of prohibition contained in section 497, Cr.P.C., except section 467, P.P.C. It is submitted that in cases not falling within the prohibitory clause of section 497 , Cr.P.C. it is settled law that the grant of bail is a rule and rejection is an exception. It is further submitted that section 467, P.P.C. would not be applicable in the case of present applicant and at the most section 466, P.P.C. would be applicable, the punishment of which is also less than 10 years' imprisonment.   To appreciate the arguments of Mr. Muhammad Hayat Junejo learned counsel for the applicant, it will be necessary to reproduce the said section 467. P.P.C. which reads as under:-…
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