ZUHAIR ABBAS TAHEEM vs The STATE and others
This criminal appeal arose from a petition seeking pre-arrest bail in a case registered under Sections 420, 468, and 471 of the Pakistan Penal Code 1860, involving allegations of preparing a forged agreement to sell to usurp landed property. The Supreme Court of Pakistan considered whether the petitioner was entitled to pre-arrest bail given the pending civil litigation and the prior release of co-accused on bail. The Court observed that there was no direct allegation that the petitioner himself forged the agreement, and his co-accused had already been granted bail. Furthermore, the complainant lodged the FIR eight days after the petitioner filed a civil suit for specific performance regarding the same property. The Court held that the sequence of events prima facie indicated potential mala fides and ulterior motives on the part of the complainant. Consequently, the Court converted the petition into an appeal, allowed it, and confirmed the ad-interim pre-arrest bail previously granted to the petitioner.
- Can pre-arrest bail be granted if the FIR is lodged after the filing of a civil suit by the accused regarding the same dispute?
- Does the grant of bail to co-accused with direct allegations of forgery support the confirmation of pre-arrest bail for an accused with no direct allegation of forgery?
- Whether the possibility of mala fides and ulterior motives on the part of the complainant is a valid ground for confirming pre-arrest bail?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
MANZOOR AHMAD MALIK, J.---Petitioner seeks bail before arrest in case FIR No. 197 of 2016, dated 12.02.2016, offence under sections 420, 468, 471, P.P.C., registered at P.S. Factory Area, Sheikhupura.
3(sic.) It has been alleged in the FIR by the complainant that co-accused of the petitioner namely Muhammad Yousaf, Asghar and Tanveer in order to usurp the landed property of Green View Housing Society prepared a forged .agreement to sell in the name of present petitioner. It has also been alleged that the accused also tried to forcibly occupy the land in question in the year 2014, whereupon a criminal case has already been registered against them and challan of the said case is before the Court.
4. After hearing the learned counsel for the petitioner, learned counsel appearing on behalf of respondent No.2, learned Law Officer and perusing the available record with their assistance, it has been noted by us that there is no direct allegation in the FIR that petitioner has himself prepared the alleged forged agreement to sell rather the allegation of preparing the said forged agreement to sell, is against his co-accused namely Muhammad Yousaf, Asghar and Tanveer. Interestingly, all the three co-accused of the petitioner have already been enlarged on bail by this Court vide order dated 29.07.2016 'passed in Crl. Petition No. 734-L of 2016. Moreover, civil litigation is pending between the petitioner and the complainant inasmuch as petitioner has filed a suit for specific performance on 04.02.2016 which is pending adjudication before the learned Civil Judge, Ferozewala, whereas the FIR has been lodged on 12.02.2016 i.e. after eight days of the filing of the suit. In these circumstances, prima facie, the possibility of mala fide and ulterior motives on the part of the complainant in lodging the instant FIR against the petitioner cannot be ruled out.
5. For the foregoing this petition is converted into appeal and the same is allowed. Consequently, the ad-interim pre-arrest bail already granted to the petitioner vide order of this, Court dated 09109.2016 is hereby confirmed.