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Amjad Ali Vs The State (2010 Y L R 512)

 2010 Y L R 512

 

[Lahore]

 

Before Khawaja Muhammad Sharif, C. J. and M.A. Zafar, J

 

AMJAD ALI—Petitioner

Versus

 

THE STATE and another—Respondents

 

Criminal Miscellaneous No. 3811/B of 2009, decided on 12th May, 2009.

 

Criminal Procedure Code (V of 1898)—

 

—-S.497—Penal Code (XLV of 1860), Ss.420, 467, 468, 471, 472, 475 & 109—Cheating forgery, using as genuine a forged document making or possessing counter-flit seal and counterfeiting device or mark—Cheating, forgery, using as genuine a forged document etc.—Bail, refusal of—Cheque recovered from accused, was a false cheque and same did not pertain to the account books of the party maintaining account with the Bank–Unused cheque of the same number was available in the cheque book of account holder—Offence with which accused had been charged, fell within the prohibitory clause of S.497, Cr.P.C. and the prosecution witnesses had fully implicated him in their statements under S.161, Cr.P.C.-No reason existed as to why the complainant would falsely involve accused and others—No good ground being available to release accused on bail, his bail application was dismissed.  

 Malik Ghulam Qasim for Petitioner.

 

Ahsan Masood for the Complainant.

 

M.M. Alam, D.P.-G. with Abdul Rasheed, S.-I.

 

ORDER

 

Amjad Ali, the petitioner seeks post arrest bail in case F.I.R. No.88/2009 dated 21-2-2009 for offence under sections 420, 467, 468, 471, 472, 475 and 109, P.P.C. registered with Police Station Naseer Abad, District Lahore on the written application of Tariq Nawaz Khan, Manager MCB Bank Gulab Devi Hospital Branch, Lahore.

 

2. According to the allegations, petitioner and his four companions came to the above referred branch of the bank for the purpose of opening a new account and complainant asked the accused persons for completion of requisite documents in the matter. Later on accused presented photostat of cheque amounting to Rs.8 Crore bearing No.31734119 purported to have been issued by MCB Rahim Yar Khan Branch and requested for transfer of the same in Account No. 048501010071460 and the accused was asked to wait for some time and to come on the following day i.e. 21-9-2009; during the said period, the complainant got confirmation for MCB Rahim Yar Khan Branch with respect to the issuance and genuineness of the afore said cheque and the complainant was informed that the said cheque is forged and fake. The accused also produced photostat of two letters, which were also found bogus and fake.

 

3. Learned counsel for the petitioner submits that allegation of attempt to produce forged cheque against the petitioner is false; nothing has been recovered from him and he is not the beneficiary of the cheque in question; no loss has been caused to anyone therefore, petitioner’s case falls under subsection (2) of section 497, Cr.P.C. calling for further inquiry.

 

4. On the other hand, learned D.P.-G. who is assisted by learned counsel for the complainant submits that petitioner along with his co-accused attempted to cause heavy loss to the complainant bank by Producing fake cheque.

 

5. After hearing learned counsel for the parties and perusing the record we have noticed that cheque recovered from the Petitioner is a fake cheque and the same does not pertain to the account book of the Party maintaining account with MCB Rahim Yar Khan Branch and the unused cheque of the same number is available in the’ cheque book of account holder. The offence with which petitioner has been charged falls within the prohibitory clause and the prosecution witnesses have fully implicated him in their statements under section 161 Cr.P.C. Apparently, there is no reason why the complainant will falsely involve the present petitioner and others who are residents of Multan far away from Lahore and fake/forged cheque pertains to a branch of the bank in Rahim Yar Khan.

 

6. For the foregoing reasons, there is no good ground to release the petitioner on bail. Resultantly, application is dismissed.

 

H.B.T./A-351/L                                                                                               Bail granted.

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