Syed RIAZ HUSSAIN vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Syed Riaz Hussain, in connection with F.I.R. No. 328/2009 registered at Police Station City B-Division, Sheikhupura, for offences under sections 420, 468, 471, and 406 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail given the allegations of forgery regarding a vehicle transfer deed. The prosecution alleged the petitioner forged a transfer deed purportedly executed by the original owner, Bashir Ahmad. The Court observed that the truck remained in the complainant's possession, and the Investigating Officer admitted that the allegedly forged deed had not been submitted to a handwriting expert for verification, nor had the original owner been joined in the investigation. Finding that the petitioner had been in judicial custody since May 2009 and was no longer required for investigative purposes, the Court held that the case warranted further inquiry. Consequently, the Court accepted the bail application, granting the petitioner post-arrest bail subject to furnishing bail bonds, establishing the principle that where essential investigative steps, such as forensic verification of disputed documents, remain unperformed, a case for further inquiry is made out.
- Does the failure of the prosecution to send an allegedly forged document to a handwriting expert constitute grounds for further inquiry in a bail application?
- Is an accused entitled to post-arrest bail when they are no longer required for investigation purposes and the case requires further inquiry?
- Can bail be granted when the investigating agency has failed to join the alleged executant of a disputed document in the investigation?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
ORDER
' HASNAT AHMAD KHAN, J.--Syed Riaz Hussain, the petitioner by submitting the instant application, seeks post-arrest bail in the case F.I.R. No,328/2009 dated 29-4-2009, registered at Police Station City B-Division, Sheikhupura in respect of the offences under sections 420/468/471 and 406, P.P.C.
2. In support of this petition learned counsel for the petitioner has contended that the prosecution story is totally false and frivolous; that the complainant who is brother-in-law (Sala) of the petitioner, suppressed the material facts while lodging the F.I.R. And that the truck in question had been transferred by its owner in favour of petitioner's grandson on the asking of complainant's late father vide a letter 4-7-2008, a copy of which has been produced before me.
3. Conversely learned Deputy Prosecutor-General assisted by the learned counsel for the complainant has opposed this petition vehemently by submitting that the petitioner is guilty of forging a transfer deed purportedly executed by Bashir Ahmad, the original owner of the truck.
Learned counsel for the complainant further adds that the complainant is equipped with the original registration book of the truck in question.
4. Heard. Record perused.
5. Admittedly, the truck in question is presently in possession of the complainant, who is equipped with the original registration book of the said truck as well. According to the complainant the petitioner is guilty of forging of a transfer deed purportedly executed by Bashir Ahmad owner of the truck in question in favour of the petitioner. However, on Court's query the Investigating Officer concedes that the transfer deed allegedly forged by the petitioner has never been sent to the handwriting expert for comparison of the signatures/thumb impression of Bashir A Ahmad, executant of the said deed. He further concedes that the said Bashir Ahmad has never been joined in the investigation. In the circumstances, case of the petitioner, who has been languishing in jail since 11-5-2009, requires further inquiry. The petitioner has already been sent to judicial lock-up and, therefore, he is no more required for investigation purposes.
6. For what has been stated above, the application in hand is accepted and the petitioner is allowed the concession of post-arrest bail subject to his furnishing bail bonds in a sum of Rs,1,00,000 (Rupees on hundred thousand) with two sureties in the like amount to the satisfaction of the learned trial Court.
Cited by 1 case
- Syed FARAZ SHAH vs THE STATE 2011 MLD 535