ZAIN-UL-ABIDIN vs LAL MUHAMMAD and another
This petition for post-arrest bail arises from FIR No. 513, dated 1-8-2006, registered at Police Station East Cantt, Peshawar, under Sections 419 and 420 of the Pakistan Penal Code 1860. The petitioner, Zain-ul-Abidin, was accused of fraudulently registering the complainant's vehicle in his name using a fake transfer letter. The petitioner argued that Section 419 was inapplicable, Section 420 was bailable, and the evidence did not connect him to the crime. The State contended that the petitioner's actions constituted fraud and that prima facie evidence existed. Upon review, the Court noted that the vehicle's sale to the petitioner was undisputed and the core dispute involved the alleged preparation of a fake transfer letter. The Court held that the determination of whether the alleged facts constituted offences under Sections 419 and 420 of the Pakistan Penal Code 1860 required further inquiry. Consequently, the Court allowed the bail petition, finding that the case against the petitioner warranted further investigation rather than immediate incarceration.
- Does the allegation of using a fake transfer letter to register a vehicle constitute an offence requiring further inquiry under Sections 419 and 420 of the Pakistan Penal Code 1860?
- Is a case for bail made out when the applicability of the charged sections of the Pakistan Penal Code 1860 requires further investigation?
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
' SAID MAROOF KHAN, J.--- The petitioner Zainul Abidin being involved in a case under sections 419/420, P.P.C. Vide F.I.R. No,513, dated 1-8-2006 registered at Police Station East 'Cantt. Peshawar has filed the instant petition for his release on bail on the ground that the provisions of section 419, P.P.C. Are not applicable in this case whereas section 420, P.P.C. Is bailable and that the evidence on record is also not connecting the petitioner with the crime.
2. The learned State Counsel strenuously resisted the bail petition contending that the petitioner had fraudulently got registered the vehicle of the complainant in his name through a fake transfer letter and that the evidence on record prima facie connects him with the crime in question, therefore, the bail petition deserves dismissal.
3. I have considered the submissions of the learned counsel for the parties and perused the record of the case. It is an admitted fact that the complainant Lal Muhammad had sold the vehicle in question to one Abdul Khalil. However, the sale consideration was agreed to be paid in instalments.
The purchaser paid some amount to the complainant but failed to pay the remaining instalments and he had subsequently sold the vehicle to Zainul Abidin petitioner.
4. The sale in favour of the petitioner is undisputed. The only allegation against the petitioner is that he had prepared a fake transfer letter and fraudulently got registered the vehicle in his name. The question as to whether the facts alleged against the petitioner do constitute an offence punishable under sections 419 and 420, P.P.C. Is a matter requiring further enquiry, therefore, this petition is allowed and the petitioner is admitted to bail in the sum of Rs,5,00,000 (five lac) with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate.