Case Details

Citation(s)
2010 SLG 1505 2010 SLD 1505 2010 YLR 512
Lahore High Court
Criminal Miscellaneous No. 3811/B of 2009, decision Dated: 12-05-2009.
M.A. ZAFAR, JUSTICE
Petitioner(s) by: Malik Ghulam Qasim

AMJAD ALI

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 161,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 109,420,467,468,471,000,000

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.420, 467, 468, 471, 472, 475 & 109---Cheating forgery, using as genuine a forged document making or possessing counter-flit seal and counterfeiting device or mark---Cheating, forgery, using as genuine a forged document etc.---Bail, refusal of---Cheque recovered from accused, was a false cheque and same did not pertain to the account books of the party maintaining account with the Bank--Unused cheque of the same number was available in the cheque book of account holder---Offence with which accused had been charged, fell within the prohibitory clause of S.497, Cr.P.C. and the prosecution witnesses had fully implicated him in their statements under S.161, Cr.P.C.-No reason existed as to why the complainant would falsely involve accused and others---No good ground being available to release accused on bail, his bail application was dismissed. THIS ORDER PASSED BY: M.A. ZAFAR, JUSTICE---.--- Amjad Ali, the petitioner seeks post arrest bail in case F.I.R. No.88/2009 dated 21-2-2009 for offence under sections 420, 467, 468, 471, 472, 475 and 109, P.P.C. registered with Police Station Naseer Abad, District Lahore on the written application of Tariq Nawaz Khan, Manager MCB Bank Gulab Devi Hospital Branch, Lahore. 2. According to the allegations, petitioner and his four companions came to the above referred branch of the bank for the purpose of opening a new account and complainant asked the accused persons for completion of requisite documents in the matter. Later on accused presented photostat of cheque amounting to Rs.8 Crore bearing No.31734119 purported to have been issued by MCB Rahim Yar Khan Branch and requested for transfer of the same in Account No. 048501010071460 and the accused was asked to wait for some time and to come on the following day i.e. 21-9-2009; during the said period, the complainant got confirmation for MCB Rahim Yar Khan Branch with respect to the issuance and genuineness of the afore said cheque and the complainant was…
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