Case Details

Citation(s)
1982 SLG 399 1982 SLD 399 1982 SCMR 626
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 330 of 1981, decision dated: 18-08-1981. (On appeal from the judgment and order of the Lahore High Court, dated 27-6-1981 in Criminal Miscellaneous No. 1555-B of 1981)
KARAM ELAHEE CHAUHAN AND M. S. H. QURESHI, JJ
Ch. Abdul Hafiz, Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for Petitioner. Shuja-ud-Din Qureshi, Advocate Supreme Court with Sh. Ijaz Ali, Advocate-on-Record for the State. Mehdi Khan, Advocate Supreme Court for the. Complainant.

MUHAMMAD ASHRAF

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- Ss. 498 & 498-A-Pre-arrest bail-Cancellation of bail-Civil suit filed by petitioner on ground of defendants mentioned therein having by means of an agreement undertaken to sell property in dispute to him but such defendants sold out property to another and such sale being not binding on him he was entitled to specific performance of agreement-Vendors and vendees sub­sequently getting a F. I. R. registered against petitioner complaining of agreement having been forged-Petitioner allowed pre-arrest bail but bail subsequently not confirmed on ground of petitioner having failed to produce copy of impugned of Sessions Court­ Question of genuineness or otherwise having been .sub judice before civil Court, launching of criminal case nothing but abuse of process of Court, such course having been adopted to pressurize petitioner and as such constituted a good ground for pre-arrest bail-Petitioner joining investigation and original agreement existing on record and contention of opposite-party belied in such regard-No good ground, held, existed for cancellation of bail and petitioner entitled to bail--Penal Code (XLV of 1860), Ss. 465, 467, 468, 471 & 109. ORDER KARAM ELAHEE CHAUHAN, J.-The petitioner has filed a civil suit on the ground that the defendants mentioned therein had by means of an agreement dated 31-12-1979, undertaken to sell the property in dispute to him. However, the aforesaid vendors on 23-9-1980 sold the aforesaid property to one Naseer Khan. According to the plaintiff/petitioner the subsequent sale was not binding on him and consequently be prayed for specific per­formance of the agreement above-mentioned in his favour which was prior in time than the sale to Naseer Khan. In the said suit issues regarding the genuineness or otherwise of the agreement have been duly framed and the case is now at the trial stage. It appears that having become aware of the suit, the vendors/vendee got an F. I. R. registered against the petitioner under sections 465, 467, 468, 471 and 109, P. P. C. complaining that he had forged the agreement on which he had relied in his suit. The petitioner applied for a pre-arrest bail in…
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