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Petitioner: LIAQAT ALI VS Respondent: StateHonorable Justice Anwaarul Haq PannunSyed Jafar Tayyar Bukhari
2020 Y L R Note 18 [Lahore (Multan Bench)] Before Anwaarul Haq Pannun, J LIAQAT ALI and another---Petitioners Versus The STATE and another---Respondents Criminal Miscellaneous No. 5731-B of 2018, decided on 28th November, 2018. Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 420, 467, 468 & 471---Cheating and dishonestly inducing delivery of property, forgery for valuable security, forgery for purpose of cheating, using as genuine a forged document---Pre-arrest bail grant of---Scope---Accused persons were alleged to have prepared forged affidavits and submitted before the court in a suit for specific performance---Said suit was pending adjudication, therefore, veracity and genuineness of alleged forged affidavits would be determined by the said court---Accused persons had joined the investigation and nothing was to be recovered from them---Pre-arrest bail was allowed, in circumstances. Syed Jafar Tayyar Bukhari for Petitioners. Abdul Wadood, Deputy Prosecutor General for the State. Date of hearing: 28th November, 2018. ORDER
ANWAARUL HAQ PANNUN, J.---The petitioners, after dismissal of their pre-arrest bail by the Court below, seek confirmation of their ad-interim pre-arrest bail granted to them vide order dated 8.10.2018 in case FIR No.116 dated 6.9.2018. registered at Police Station Civil Line, Sahiwal under sections 420, 467, 468 and 471, P.P.C. with the allegation that they prepared forged and fictitious affidavits regarding the property of the complainant and fraudulently submitted the same before the Court in a suit filed by their co-accused in connivance with each other despite knowledge of its forged character, hence this case. 2. Arguments heard. Record perused. 3. The petitioners have been alleged to have prepared forged and fictitious affidavits and submitting the same before the Court in a suit for Specific Performance of Contract filed by their co-accused titled "Muhammad Aslam v. Munir Ahmad etc." in connivance with his co-accused by arraying the complainant as defendant. Admittedly, the said suit is pending adjudication before the Court of competent jurisdiction, therefore, veracity and genuineness of alleged forged affidavits shall be determined by the learned Court dealing with the matter. The petitioners have joined the investigation and at present, nothing is to be recovered from their possession. Moreover, Section 193, P.P.C. can be invoked by the learned trial court, adopting 195(c), Cr.P.C. 4. For what has been discussed above, this petition is allowed and ad-interim pre arrest bail already granted to the petitioners vide aforesaid order stands confirmed subject to their furnishing fresh bail bonds in the sum of Rs.100,000/- (one lac) each with one surety each in the like amount to the satisfaction of the trial Court. SA/L-12/L Pre-arrest bail granted.