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Criminal Miscellaneous No. 485/13 of 1977, decided on 28th February 1977.

‑‑ S. 497‑Signatures of petitioner, accused of forging signature of genuine person on cheques, sent to handwriting expert for comparison and report‑Nothing definite when such report is likely to be received‑Held: A fit case for grant of bail.

Ch. Muhammad Ishaq for Petitioner.

Zulfiqar Haider for the State.

This is an application for bail by Haji Noor‑ud‑Din.

He is accused of offence under sections 419/420/468/471/409/411, P. P. C., along with one Ejaz Akhtar. His earlier bail application (Crl. Misc. No. 3934‑B‑76), was dismissed by me on 11‑4‑1976 on the ground that Noor‑ud‑Din bad signed the cheque as Muhammad Khan and that the police has evidence to that effect.

2. Learned counsel for the petitioner contends in the present application that Noor‑ud‑Din's signatures were sent for examination but no report has yet been sent by the Handwriting Expert. It cannot, therefore, be said that the police has evidence to the effect that it is Noor‑ud‑Din who had signed the cheque as Muhammad Khan. The police officer who is present is Court submits that he is not definite when the report of the Handwriting Expert is likely to be received. The petitioner's counsel submits that the petitioner will incarcerate for an indefinite period without any good reasons.

3. In view of the new circumstances I feel that this is a fit case for grant of bail to the petitioner. He is, therefore, granted bail in the sum A of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Rawalpindi.

4. In case the report of the Handwriting Expert (when received) is against the petitioner the State may move for cancellation of bail of the petitioner.

Petition allowed.

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