2023 P Cr. L J Note 53
[Balochistan]
Before Rozi Khan Barrech, J
HADAYATULLAH ---Applicant
Versus
The STATE--- Respondent
Criminal (Pre -arrest) Bail Application No. 64 of 2020, decided on 10th August, 2020.
Criminal Procedure Code (V of 1898) ---
----S. 498--- Penal Code (XLV of 1860), Ss. 471, 468, 463 & 420 ---Using as genuine a forged
document, forgery for purpose of cheating, forgery, cheating and dishonestly inducing
delivery of property--- Pre-arrest bail, grant of ---Investigation before registration of FIR ---
Effect ---Accused was alleged to have sold a stolen vehicle to the complainant and
registration book of the vehicle was also found to be forged---First Information Report was lodged with a delay of 3 months ---Police officials, before lodging the FIR, had conducted an
enquiry, as such, mala fide was oozing from the facts and circumstances of the case ---Case
of accused did not fall within the prohibitory clause of S. 497, Cr.P.C. and the investigation had already been completed ---Case of accused was one of further inquiry and the probability
of humiliating the accused by belatedly lodging the FIR could not be ruled out ---Ad interim
pre-arrest bail already granted to the accused was confirmed, in circumstances.
Abdul Ghafoor Gondal v. The State and another 2020 SCMR 861 and Jamal -ud-Din's
case 1983 SCMR 1949 ref.
Jamil Ramzan and Jameela Panezai for Applicant.
Shumaila Iftikhar, State Counsel.
Nemo for the Complainant.
Date of hearing: 15th July, 2020.
JUDGMENT
ROZI KHAN BARRECH, J. ---The petitioner Hayatullah son of Abdullah, after
dismissal his pre -arrest bail by the Court below vide order dated 25.02.2020, seeking
confirmation of his ad -interim pre -arrest bail granted to him by this Court vide order dated
28.02.2020 in case FIR No.02 of 2020 dated 05.01.2020 registered at Police Station Saddar Quetta under sections 471, 468, 463, 420, P.P.C. with the allegation that the
petitioner/applicant sold out a Honda City car bearing registration No. ABT -360, Engine
No.L1317- 2627804, Chassis No.NFBGM 154X9R107907, gray in color, model 2010, to the
complainant Fareedullah in the worth of Rs.8,50,000/ - on 23.03.2018 in presence of
witnesses at Al -Quresh Motor Showrooms. The said vehicle was found stolen in case FIR
No.558 of 2016 for an offence under section 381- A, P.P.C. by police of Patoki Punjab and it
was further found that the registration book of the said vehicle was also forged.
2. I have heard the learned counsel for the petitioner as well as learned State counsel and
gone through the available record with their assistance.
3. The alleged car was sold out by the petitioner to complainant on 18.03.2018 and
allegedly on 19.09.2019 the said vehicle was taken into possession by the police of Patoki
Punjab and it was stated that the said vehicle was stolen from the area of Lahore and it is required in Crime No.558 of 2016. The complainant filed an application before the police for registration of FIR on 16.12.2019 and the FIR was lodged on 05.01.2020 with delay of more than three months. In such circumstances, the case of the petitioner comes within the ambit of further inquiry. The case is one of further inquiry and the probability of humiliating the applicant and by belatedly lodging of FIR cannot be ruled out at this stage. Reliance is placed in the case titled Abdul Ghafoor Gondal v. The State and another 2020 SCMR 861.
The scope of pre -arrest bail was widened in Jamal -ud-Din's case 1983 SCMR 1949
wherein Hon'ble Supreme Court reiterated the principles for grant of pre -arrest bail and also
held that the grant or refusal of bail in criminal cases primarily depends upon the facts and circumstances of each case and no hard and fast rule can be laid down in this regard.
Before lodging of the FIR the police officials has conducted an inquiry under section
151(2), Cr.P.C., the mala fide from the facts and circumstances of the case which apparently is oozing in the case. The case of the accused/applicant is also does not fall within the prohibitory clause, the investigation has already been completed.
In view of the above discussion, ad- interim pre -arrest bail already granted to the
applicant/accused is hereby confirmed.
SA/162/Bal. Bail confirmed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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