Ss. 420/468/471--Pre-arrest bail, grant of--Preparation of forged agreement to sell-

 PLJ 2022 Cr.C. 953

Criminal Procedure Code, 1898 (V of 1898)--

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 420/468/471--Pre-arrest bail, grant of--Preparation of forged agreement to sell--Pre-arrest bail--One accused is the marginal witnesses to this document therefore it cannot be stated at this stage that they were having mens-rea and the knowledge that co-accused had managed preparation of fake agreement to sell--Allegation against other co-accused is to the extent of abetment and there is no evidence in the context--Main accused surrender before the police so this application is allowed to the extent of marginal witness and abettor.

                                                                                              [P. 954] A

Sh. Muhammad Raheem, Advocate with Petitioners.

Mr. Muhammad Laeeq-ur-Rehman, Assistant District Public Prosecutor for State.

Khawaja Qaisar Butt, Advocate for Complainant.

Date of hearing 26.1.2022.

 PLJ 2022 Cr.C. 953
[Lahore High Court Multan Bench]
Present: Sohail Nasir, J.
IMRAN ASHRAF and 3 others--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 281-B of 2022, decided on 26.1.2022.

Order

At the very outset learned counsel for petitioners does not press this application to the extent of Muhammad Irfan who has desired to surrender before the Investigating Officer hence to that extent it is dismissed as having been withdrawn.

2. Imran Ashraf, Muhammad Shafique and Muhammad Ashraf (petitioners) have applied for their pre-arrest bail in case FIR No. 657 recorded on 01.12.2021 under Sections 420/468/471, PPC at Police Station City Mailsai District Vehari.

3. In brief the prosecution’s story is that Muhammad Abbas reported to police that on his behalf as well as on behalf of ten others an Iqrar Nama/agreement to sell dated 16.09.2021 was managed in favour of Muhammad Irfan.

4. HEARD.

5. To the extent of Muhammad Irfan, application has already been withdrawn. Muhammad Ashraf and Muhammad Shafique are the marginal witnesses to this document therefore it cannot be stated at this stage that they were having mens-rea and the knowledge that Muhammad Irfan had managed preparation of fake agreement to sell. Similarly the allegation against Imran Ashraf is to the extent of abetment and there is no evidence in this context.

6. Resultantly, to the extent of Imran Ashraf, Muhammad Shafique and Muhammad Ashraf this application is allowed. Interim

pre-arrest bail already granted to them is confirmed subject to their furnishing fresh bail bonds in sum of Rs. 50,000/- (fifty thousand) each with one surety each to the satisfaction of learned trial Court.

(Q.N.)  Bail allowed