AMAN ULLAH And Another vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused in a criminal case registered under sections 468, 471, 420, and 419 of the Pakistan Penal Code 1860, involving allegations of preparing a forged agreement of sale. The core legal question was whether the petitioners were entitled to the concession of bail given the specific circumstances of the case. The Court held that the petitioners were entitled to bail. The ratio of the decision rests on several factors: the matter regarding the disputed agreement is already sub judice before a Civil Court; there was a significant delay of approximately 16 years in lodging the First Information Report; the alleged offences do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898; no recovery of the alleged forged document was made despite physical remand; and co-accused had already been granted bail. Furthermore, the Court noted the advanced age of one petitioner and the lack of immediate prospects for the commencement of the trial.
- Does a delay of 16 years in lodging an FIR constitute a valid ground for the grant of bail?
- Are offences under sections 468, 471, 420, and 419 of the Pakistan Penal Code 1860 considered to fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Does the pendency of a civil suit regarding the subject matter of a criminal complaint influence the grant of bail?
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 419, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Petitioners seek post-arrest bail in case F.I.R. No.297 of 2001 dated 11-9-2001 under sections 468, 471, 420, 419, P.P.C. Registered at Police Station City Layyah.
2. As per F.I.R., petitioners are accused of preparing a forged agreement of sale on behalf of Mst.
Ghulam Bano were of the complainant.
3. Arguments heard. Record perused.
4. It could not be denied that the matter with regard to the agreement in question is sub judice before a Civil Court; that no recovery of the alleged agreement has been effected from the petitioners despite being remained on physical remand; that the alleged offences do not fall within the prohibitory clause of section 497, Cr.P.C. That there is a delay of almost 16 years in lodging the F.I.R.; that the petitioners are father and sons and they are also closely related to Mst. Ghulam Bano, the alleged executants of the document in question; that the petitioner No.2 is an ailing old man of more than 60 A years; that the other co-accused namely Irshad Hussain and Iqbal have already been enlarged on bail by the learned Magistrate; that one of the P. Ws. Namely Mulazim Hussain did not support at all the prosecution case; and that the challan has been submitted to the learned to a Court but the commencement bf the early trial to near future is not in sight.
4-A. In view of the above uncontroverted submissions, the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.2,00,000 (Rupees two lac only each) with two sureties each in the like amount to the satisfaction of teamed trial Court.