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Petitioner: MUHAMMAD JAVED VS Respondent: StateHonorable Justice Sardar Muhammad AslamZafar Iqbal Chowhan,Shahid Masood
2006 Y L R 2475
2006 Y L R 2475
[Lahore]
Before Sardar Muhammad Aslam, J
MUHAMMAD JAVED---Petitioner
Versus
THE STATE-Respondent
Criminal Miscellaneous No.3215-B of 2005 decided on 73rd May, 2005.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), Ss. 381, 420, 468 & 471---Bail, grant of---Further inquiry---Accused was alleged to have withdrawn an amount of Rs.2,10,000 by forging signatures of Chief Executive Officer of the company---Grandfather of accused had paid back entire amount in dispute---Investigating Officer conceded that he had not obtained signatures of accused for comparison with alleged signatures on the cheque---No steps had been taken to obtain cheque alleged to have been forged by accused---Case of accused was open to further inquiry---Offence with which accused had been charged, fell outside the prohibitory limits of S.497, Cr.P.C.-Accused was admitted to bail.
Zafar Iqbal Chowhan for Petitioner.
Shahid Masood for the State.
ORDER
SARDAR MUHAMMAD ASLAM, J.---The petitioner seeks post-arrest bail in case F.I.R. No.163, dated 11-3-2005 registered with Police Station, Sato Katla, Lahore under sections 381/420/468/471, P.P.C., on the ground that total amount of Rs.2,10,000 alleged to have been drawn by the petitioner from the Bank without the permission of the complainant, has been paid back.
2. Learned counsel for the State on instructions from the police officer states that the amount has been paid to the complainant in toto.
3. Heard. Record perused.
4. The petitioner is alleged to have withdrawn an amount of Rs.2,10,000 by forging the signatures of the Chief Executive Officer of the company. The grandfather of the petitioner has paid entire amount in dispute back. Investigating Officer concedes that he has not obtained the signatures of the petitioner for comparison with the alleged signatures on the cheque. No steps have been taken to obtain the cheque alleged to have been forged by the petitioner. Case of the petitioner is open to further inquiry. Offence with which the petitioner has been charged falls outside of the prohibitory limits of section 497, Cr.P.C.
5. For what has been discussed above, this petition is allowed and petitioner is admitted to bail provided he furnished bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./M-286/L Bail granted.