| Case ID |
0a1cafbf-ca08-4862-b6c1-ddcbaf6b0cd7 |
| Body |
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| Case Number |
Crl. Misc. No. 5731-B of 2018 |
| Decision Date |
Nov 28, 2018 |
| Hearing Date |
|
| Decision |
The petitioners, after dismissal of their pre-arrest bail by the Court below, sought confirmation of their ad-interim pre-arrest bail granted on 8.10.2018 in case FIR No.116 dated 6.9.2018. They were alleged to have prepared forged and fictitious affidavits regarding the property of the complainant and fraudulently submitted these documents in a suit filed by their co-accused. The court noted that the suit is pending adjudication, and the genuineness of the affidavits will be determined by the appropriate court. The petitioners cooperated with the investigation, and it was concluded that there was nothing to recover from their possession. The court confirmed the ad-interim pre-arrest bail, subject to the petitioners furnishing fresh bail bonds to the satisfaction of the trial court. |
| Summary |
This case revolves around the confirmation of pre-arrest bail for the petitioners who were accused of submitting forged affidavits in a civil suit. The Lahore High Court deliberated on the merits of the allegations, emphasizing the importance of the pending civil suit in determining the authenticity of the documents in question. The court highlighted that the trial court has the authority to invoke relevant sections of the Pakistan Penal Code for any unlawful acts. The case also underscores the procedural aspects of pre-arrest bail and the role of the judiciary in safeguarding the rights of individuals during the investigatory phase. Keywords: pre-arrest bail, Lahore High Court, forged affidavits, Pakistan Penal Code, criminal procedure. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
ANWAARUL HAQ PANNUN, JUSTICE
|
| Lawyers |
Syed Jafar Tayyar Bukhari, Advocate,
Mr. Abdul Wadood, Deputy Prosecutor General
|
| Petitioners |
|
| Respondents |
,
BSTATE
|
| Citations |
2019 SLD 2132,
2019 PLJ 1189
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
195(c),
498,
193,
420,
467,
468,
471
|