M.A. Zafar, J AMJAD ALI vs THE STATE and another
This matter concerns a petition for post-arrest bail filed by the accused, Amjad Ali, in connection with F.I.R. No. 88/2009, involving allegations of forgery and attempted fraud against a bank. The core legal question was whether the petitioner was entitled to bail under the provisions of the Code of Criminal Procedure 1898, specifically regarding the requirement for further inquiry. The Court observed that the petitioner and his accomplices had presented a forged cheque and fake documents to a bank branch, which were subsequently confirmed as fraudulent by the issuing branch. The Court held that the offences charged fell within the prohibitory clause of the relevant bail provisions and that the prosecution witnesses had fully implicated the petitioner. Finding no merit in the contention that the case required further inquiry or that the petitioner was falsely implicated, the Court refused to grant bail. The key principle laid down is that where the prosecution has established a prima facie case involving serious offences falling within the prohibitory clause, and there is no apparent reason for false implication, the discretion to grant bail should not be exercised in favour of the accused.
- Does the presentation of a forged cheque to a bank constitute sufficient grounds to deny post-arrest bail?
- Whether an offence falling within the prohibitory clause of Section 497, Code of Criminal Procedure 1898, generally precludes the grant of bail?
- Can a bail application be dismissed when prosecution witnesses have fully implicated the accused in their statements under Section 161, Code of Criminal Procedure 1898?
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 472, Pakistan Penal Code 1860
- Section 475, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 161, Code of Criminal Procedure 1898
ORDER
' Amjad Ali, the petitioner seeks post arrest bail in case F.I.R. No,88/2009 dated 21-2-2009 for offence under sections 420, 467, 468, 471, 472, 475 and 109, P.P.C. Registered with Police Station Naseer Abad, District Lahore on the written application of Tariq Nawaz Khan, Manager MCB Bank Gulab Devi Hospital Branch, Lahore.
2. According to the allegations, petitioner and his four companions came to the above referred branch of the bank for the purpose of opening a new account and complainant asked the accused persons for completion of requisite documents in the matter. Later on accused presented Photostat of cheque amounting to Rs,8 Crore bearing No,31734119 purported to have been issued by MCB Rahim Yar Khan Branch and requested for transfer of the same in Account No, 048501010071460 and the accused was asked to wait for some time and to come on the following day i.e, 21-9-2009; during the said period, the complainant got confirmation for MCB Rahim Yar Khan Branch with respect to the issuance and genuineness of the afore said cheque and the complainant was informed that the said cheque is forged and fake. The accused also produced photostat of two letters, which were also found bogus and fake.
3. Learned counsel for the petitioner submits that allegation of attempt to produce forged cheque against the petitioner is false; nothing has been recovered from him and he is not the beneficiary of the cheque in question; no loss has been caused to anyone therefore, petitioner's case falls under subsection (2) of section 497, Cr.P.C. Calling for further inquiry.
4. On the other hand, learned D.P.-G. Who is assisted by learned counsel for the complainant submits that petitioner along with his co-accused attempted to cause heavy loss to the complainant bank by producing fake cheque.
5. After hearing learned counsel for the parties and perusing the record we have noticed that cheque recovered from the petitioner is a fake cheque and the same does not pertain to the account book of the party maintaining account with MCB Rahim Yar Khan Branch and the unused cheque of the same number is available in the cheque book of account holder. The offence with which petitioner has been charged falls within the prohibitory clause and the prosecution witnesses have fully implicated him in their statements under section 161 Cr.P.C. Apparently, there is no reason why the complainant will falsely involve the A present petitioner and others who are residents of Multan far away from Lahore and fake/forged cheque pertains to a branch of the bank in Rahim Yar Khan.
6. For the foregoing reasons, there is no good ground to release the petitioner on bail. Resultantly, application is dismissed.