Legal Case Summary

Case Details
Case ID 3d63164f-dcf8-470a-97e3-20f6bf254a43
Body View case body.
Case Number Criminal Petition No. 1255 of 2021
Decision Date Jan 12, 2022
Hearing Date Jan 12, 2022
Decision The Supreme Court of Pakistan granted ad-interim pre-arrest bail to the petitioner, confirming the prior decision of the Lahore High Court. The case involved allegations of forgery concerning signatures on a cheque linked to a joint bank account. The Court noted that there had been no forensic examination of the signatures in question and highlighted the potential for further inquiry into the guilt of the accused. The decision emphasized the need for consistency in the treatment of co-accused who had been granted bail. Ultimately, the petitioner's appeal was allowed, and the earlier order of the High Court was set aside.
Summary In the landmark case of Muhammad Kashif Iqbal vs. The State, the Supreme Court of Pakistan examined the intricacies of pre-arrest bail under the Criminal Procedure Code (V of 1898). The case revolved around allegations of forged signatures on a cheque, with the petitioner claiming that he was falsely implicated due to the complainant's mala fides. The Court scrutinized the lack of forensic evidence and the circumstances surrounding the joint bank account shared by the petitioner and the complainant. It was determined that the absence of a forensic test on the signatures raised substantial questions about the validity of the accusations. The Supreme Court's ruling reiterated the importance of ensuring that pre-arrest bail is granted in cases where the accused has not been definitively linked to the crime, thus reinforcing principles of justice and fair trial. This case highlights the critical balance between protecting the rights of the accused and the interests of justice, making it a significant reference point for future cases involving similar allegations of forgery and pre-arrest bail.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MAQBOOL BAQAR, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Lawyers Mian Ismat Ullah, Advocate Supreme Court for Petitioner, Munawar Iqbal Duggal, Advocate Supreme Court for Respondent No. 2
Petitioners MUHAMMAD KASHIF IQBAL
Respondents THE STATE AND ANOTHER
Citations 2022 SLD 999, 2022 SCMR 821
Other Citations Muhammad Ramzan v. Zafarullah 1986 SCMR 1380
Laws Involved Criminal Procedure Code (V of 1898), Pakistan Penal Code, 1860, Constitution of Pakistan, 1973
Sections 497, 497(2), 498, 420, 468, 471, 185(3)