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Criminal Miscellaneous No. 2476/B of 1982, decided on 7th March, 1983.
--S. 497-Penal Code (XLV of 1860). S. 409-Bail-Petitioner in custody for over a year-Expert opinion about preparation of forged documents by petitioner awaited-Sanction for prosecution of petitioner yet to be obtained--Whether offence under S. 409 constituted or not, for trial Court yet to be determined-Bail allowed in circumstances.
R. A. Awan for Petitioner.
Inayatullah Cheema for the Settlement Department.
Malik Abdul Rehman for the State.
Rifat Mahmood petitioner alongwith his co-accused Faqir Muhammad and Muhammad Ismail is accused of offence under section 409/420/467/ 468/471, P. P. C. read with section 5 (2) of the Prevention of Corruption
Act 1947. It is alleged that while working as clerk in the office of the Settlement Department petitioner and his co-accused prepared forged transfer orders in favour of a fictitious person, Inayatullah Shah, in respect of a plot of land measuring 3 Kanals 6 Marlas in village Bhabra, Gulberg, Lahore. Learned counsel for the petitioner has submitted that person of petitioner is no longer required for further investigation as he is lodged in judicial lock-up and that it will take some time for the prosecution to obtain sanction. Bail has been opposed by learned counsel for Settlement Department and for the State. It has been submitted that petitioner in this case was arrested on 27th July. 1982 and incomplete challan is ready awaiting the expert opinion and sanction for the prosecution has yet to be obtained. It has also been submitted that petitioner is accused of offence under section 409, P. P. C. as well which falls within the prohibitory clause.
2. It will be for the trial Court to determine whether an offence under section 409, P. P. C. is constituted or not. Petitioner is in custody for over a year now. The expert opinion about the preparation of forged documents by the petitioner is awaited and sanction for prosecution of the petitioner has yet to be obtained. The trial of petitioner has been delayed by the prosecution. In the circumstances the petitioner is allowed bail subject to his furnishing security in the sum of Rs. 10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore.
M. A. K. Bail allowed.
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