LIAQAT ALI and another vs STATE and another
The petitioners sought confirmation of their ad-interim pre-arrest bail in case FIR No. 116 dated 6.9.2018 registered under Sections 420, 467, 468, and 471 of the Pakistan Penal Code 1860, on the allegation of preparing forged and fictitious affidavits and submitting them in a civil suit. The core legal question was whether the petitioners were entitled to pre-arrest bail given that the genuineness of the documents was subject to trial determination and they had already joined the investigation. The Lahore High Court held that since the veracity of the alleged forged affidavits is to be determined by the trial court where the civil suit is pending, and given that the petitioners joined the investigation with no recoveries remaining, the pre-arrest bail should be confirmed. The key principle laid down is that where the genuineness of documents presented in pending judicial proceedings is contentious and the accused have fully joined the investigation with no recovery pending, pre-arrest bail may be confirmed.
- Are accused persons entitled to pre-arrest bail when the veracity of alleged forged documents submitted in a pending civil suit is yet to be determined by the trial court?
- Does joining the investigation and the absence of any required recovery support the confirmation of pre-arrest bail in forgery cases?
- 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 193, Pakistan Penal Code 1860
- Section 195(c), Code of Criminal Procedure 1898
ORDER
The petitioners, after dismissal of their pre-arrest bail by the Court below , seek confirmation of their ad-interim pre- arrest bail granted to them vide order dated 8.10.2018 in case FIR No.116 dated 6.9.2018. registered at Police Station Civil Line, Sahiwal under Sections 420, 467, 468 & 471 PPC with the alleg ation that they prepared forged and fictitious affidavits regarding the property of the complainant and fraudulently submitted the same before the Court in a suit filed by their co-accused in connivance with each other despite knowledge of its forged character , hence this case.
2. Arguments heard. Record perused.
3. The petitioners have been alleged to have prepared forged and fictitious affidavits and submitting the same before the Court in a suit for Specific Performance of Contract filed by their co-acc used 1 titled "Muhammad Aslam vs. Munir Ahmad, etc" in connivance with his co-accused by arraying the complainant as defendant. Admittedly , the said suit is pending adjudication before the Court of competent jurisdiction, therefo re, veracity and genuineness of alleged forged affidavits shall be determined by the learned Court dealing with the matter . The petitioners have joined the investigation and at present, nothing is to be recovered from their possession. Moreover , Section 193 PPC can be invoked by the learned trial court, adopting 195(c) Cr .P.C.
4. For what has been discussed above, this petition is allowed and ad-interim pre arrest bail already granted to the petitioners vide aforesaid order stands confirmed subject to their furnishing fresh bail bonds in the sum of Rs.100,000 /- (one lac) each with one surety each in the like amount to the satisfaction of the trial Court.