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Petitioner: ZAIN-UL-ABIDIN VS Respondent: LAL MUHAMMAD and another
Court Name: Peshawar High Court Judge(s): Said Maroof Khan Title: ZAIN-UL-ABIDIN vs LAL MUHAMMAD and another Case No.: Criminal Miscellaneous Bail Petition No,1297 of 2009 Date of Judgment:2009-09-18 Reported As: 2010 P Cr. L J 328 Result: Bail granted
JUDGMENT
JUDGMENT ' SAID MAROOF KHAN, J.--- The petitioner Zainul Abidin being involved in a case under sections 419/420, P.P.C. Vide F.I.R. No,513, dated 1-8-2006 registered at Police Station East 'Cantt. Peshawar has filed the instant petition for his release on bail on the ground that the provisions of section 419, P.P.C. Are not applicable in this case whereas section 420, P.P.C. Is bailable and that the evidence on record is also not connecting the petitioner with the crime. 2. The learned State Counsel strenuously resisted the bail petition contending that the petitioner had fraudulently got registered the vehicle of the complainant in his name through a fake transfer letter and that the evidence on record prima facie connects him with the crime in question, therefore, the bail petition deserves dismissal. 3. I have considered the submissions of the learned counsel for the parties and perused the record of the case. It is an admitted fact that the complainant Lal Muhammad had sold the vehicle in question to one Abdul Khalil. However, the sale consideration was agreed to be paid in instalments. The purchaser paid some amount to the complainant but failed to pay the remaining instalments and he had subsequently sold the vehicle to Zainul Abidin petitioner. 4. The sale in favour of the petitioner is undisputed. The only allegation against the petitioner is that he had prepared a fake transfer letter and fraudulently got registered the vehicle in his name. The question as to whether the facts alleged against the petitioner do constitute an offence punishable under sections 419 and 420, P.P.C. Is a matter requiring further enquiry, therefore, this petition is allowed and the petitioner is admitted to bail in the sum of Rs,5,00,000 (five lac) with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate.