Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 420,468,471

[Criminal Procedure Code (V of 1898)].......S 498---Penal Code (XLV of 1860), Ss.420, 468 & 471---Pre-arrest bail, confirmation of---Accused was a bona fide purchaser of the vehicle in question vide sale agreement duly attested by its marginal witnesses and attested by the Notary Public---Report of `Citizen Police Liaison Committee Central Reporting Cell' proved that said vehicle was neither snatched nor stolen, but was duly owned by the accused---Excise and Taxation Officer after due verification had allowed the transfer of the vehicle in question in the name of accused---Alleged tampering of chassis number of vehicle in question, could not be conclusively determined---Accused prima facie was held entitled to grant of bail before arrest---When the documents of title regarding the vehicle in question were presented before the Investigating Officer after due investigation, he was duly bound to have formed a correct opinion, which was missing in the case, which constituted mala fide on the part of Investigating Agency---Bail before arrest already granted to accused was confirmed, in circumstances. Khizar Hayat Tiwana v. The State 2005 YLR 1666; Sohar Ashraf Farooq v. The State 2005 PCr.LJ 553 and Bashir Ahmad Patwari. v. The state 1998 PCr.LJ 347 rel. ORDER MUHAMMAD ALAM KHAN, J.---Akhtar Mehmood, accused/petitioner has filed this application for the grant of bail before arrest in case F.I.R. No.11, dated 26-1-2005 registered in Police Station Daraban, District D.I. Khan under sections 420/468/471, P.P.C. 2. Facts of the case giving rise to this BBA are that the petitioner has sold Datsun Pick-Up No.5580/KTA to one Pir Ghulam, resident of FR Sherani, District D.I. Khan on easy instalments. It was mutually agreed that in case of default in the payment of instalments, the petitioner would be at liberty to take back the said vehicle and the already paid instalment would stand confiscated in favour of the petitioner. Since Pir Ghulam had failed to abide the commitment, the petitioner took back the said Vehicle due to which case F.I.R. No.3, dated 13-1-2008 was registered against the petitioner at the instance of Pir Ghulam under section 381-A/34, P.P.C. in…

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