Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.420, 468 & 471---Pre-arrest bail, grant of---F.I.R. in the case had been lodged with a delay of about eleven years--Offences under Ss.420 & 471, P.P.C. were bailable and matter regarding offence under S.468, P. P. C., and genuineness or otherwise of relevant document was pending before Civil Court; even otherwise offence under S.468, P.P.C. did not attract the prohibitory clause contained in subsection (1) of S.497, Cr.P.C.---No evidence was on record of investigation to assert that it was the accused himself who had committed alleged forgery---Surmises and conjectures had no place in criminal law---Both beneficiaries of relevant documents, had already been admitted. to pre-arrest bail---Accused and complainant were real brothers and complainant had instituted a civil suit in respect of same dispute way back in the year 1996, which suit was pending before civil court---Dispute in the case was between two real brothers over the property of another brother who had died---Delay of eleven years in lodging of F.I.R. and conduct displayed by complainant in the matter prima facie had provided substance to submission made by counsel for accused regarding mala fide implication of accused in the case---Accused had already joined investigation and nothing was to be recovered from his possession---Honour and dignity of a citizen could not be allowed to be sacrificed at the altar of a mere formality---Ad interim pre-arrest bail already allowed to accused, was confirmed, in circumstances. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Through this petition Muhammad Arshad Kausari petitioner has sought pre arrest bail in case F.I.R. No. 1187 registered at Police Station, Lower Mall, Lahore, on 4-10-2006 in respect of offences under sections 420/468/471,.P.P.C. Earlier on the petitioner had approached the Court of Session, Lahore for the same relief but his application in that respect was dismissed by the learned Additional Sessions Judge, Lahore vide order dated 16-11-2006. Hence, the present petition before this Court. 2. After hearing the learned counsel for the parties…

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