Law: Criminal Procedure Code (V of 1898)

Section: 497(1)(2)

Law: Pakistan Penal Code, 1860

Section: 109,201,420,452,468,000,000

Criminal Procedure Code (V of 1898)--- ----S.497(2)--- Penal Code (XLV of 1860) Ss. 420/477/201/109---Cheating, fraudulent cancellation, destruction of will etc. causing disappearance of evidence and abetment---Bail, grant of---Accused, a stamp vendor, had allegedly issued a stamp paper on which an agreement to sell was written, but later on he using his position with dishonest and fraudulent intention destroyed the same from the official record---Another F.I.R. registered under Ss. 420, 452, 468 and 471, P.P.C. with the same Police Station regarding the same allegedly forged agreement to sell, had already stood cancelled by the police--Both the alleged vendors had challenged the legitimacy or genuineness of the agreement to sell in question in the Civil Court through a declaratory suit and till the delivery of the verdict by the Civil Court, case against accused warranted further probe into his guilt as contemplated under S.497(2), Cr. P. C.---None of the offences alleged against the accused was hit by the prohibition contained in S.497(1), Cr.P.C.---Accused was allowed bail in circumstances. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, J.- Petitioner Muhammad Salman through the instant petition has sought for post arrest bail in case F.I.R. No.283 originally registered under sections 420, 468 and 471 P.P.C. with Police Station, City Burewala, District Vehari on 18-4-2009. Later on the police have deleted sections 468 and 471, P.P.C. and substituted these with sections 477, 201, 109 P.P.C., in the same. 2. Briefly the prosecution case as per the F.I.R. is that Muhammad Salman, stamp Vendor on 6.11.2007 has issued stamp paper and thereupon an agreement to sell was written on it and later on he using his position with dishonest and fraudulent intention destroyed the same from the official record. 3. After hearing the learned counsel for the parties and perusing the record, I find that it is everybody's case before me that another F.I.R. No.533/2008, under sections 420, 452, 468 and 471, P.P.C. was registered with the same police station i.e. City Burewala, District Vehari on 9-7-2008 regarding the same alleged forged agreement to sell. I have been informed that…

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