Khalid Mehmood vs The State
This criminal petition, converted into an appeal, arises from an order of the Peshawar High Court refusing post-arrest bail to the appellant in case FIR No. 02 registered under sections 419, 420, 468, 409 of the Pakistan Penal Code 1860 and section 5(2) of the Prevention of Corruption Act 1947. The core legal question concerns whether the petitioner's case falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, given the lack of expert opinion regarding the alleged forged signatures and the fact that a co-accused beneficiary was already granted bail. The Supreme Court held that the absence of expert verification of the signatures and the grant of bail to the co-accused rendered the case one of further inquiry. Consequently, the Court allowed the appeal and granted post-arrest bail to the appellant, establishing the principle that failure to collect crucial forensic evidence like handwriting expert reports during investigation can tilt the case in favor of further inquiry for bail purposes.
- Whether the absence of an expert opinion on alleged forged signatures makes a case one for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Does the grant of bail to a co-accused who is the primary beneficiary provide a ground for granting bail to another accused allegedly involved in preparing forged documents?
- Can a criminal petition arising from an order refusing bail be converted into an appeal and allowed when the investigation lacks crucial forensic verification?
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 497(2), Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 23.08.2019, whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No. 02 dated 17.06.2019, offence under sections 419, 420, 468, 409, P.P.C. and section 5(2) of the Prevention of Corruption Act, registered. at Police Station ACE Haripur .
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that crux of prosecution case again st the petitioner is that he prepared some forged documents containing fake signatures of Deputy Commissioner , Haripur and handed over the same to co-accused Kamran Nazakat, who is the beneficiary of the alleged transaction. During the course of hearing, it has repeatedly been asked from the learned counsel appearing on behalf of State as well as the investigating officer present with record as to whether any expert opinion has been sought qua the fake and forged signatures of Deput y Commissioner , Haripur on the disputed papers, but the answer is in the negative. The investigating officer present with record further confirms that alleged beneficiary Kamran Nazakat (co-accused of the petitioner) has already been allowed bail by the learned High Court, which order , accordin g to him, has not been assailed so far. Petitioner is behind the bars since 17.07.2019. In the circumstances, case against him calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellant Khalid Mehmood is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.
200,000/- (T wo hundred thousand) with one surety in the like amount, to the satisfaction of the trial court.
Cited by 2 cases
- Ghulam Farooq Channa vs The State 2022 MLD 768
- AZIZ ABDUL RAHIM KASSAM ALI Versus State 2021 YLRN 81