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2005 YLR 1647

FARMAISH ALI and another vs THE STATE

Citation2005 YLR 1647
CourtLahore High Court
Case No.Criminal Miscellaneous No.5089-B of 2003
Date2003-09-24
Judge(s)Bashir A. Mujahid
ResultPetition dismissed

ORDER

' Farmaish Ali son of Chanan Din and Muhammad Arshad son of Samand Khan seek pre-arrest bail in case F.I.R. No.422 dated 14-8-2003 under sections 420, 468, 506, 34, P.P.C. Registered with Police Station, South Cantt., Lahore.

2. The allegation against the petitioner No.1 is that he along with brother Hidayat Ali forged an agreement to sell in their favour on behalf of complainants, their real sisters to deprive them from share in ancestral property. Petitioner No.2 was the marginal witness ofsaid forged agreement to sell.

3. Learned counsel for the petitioner and for the State assisted by learned counsel for the complainant have been heard exhaustively and record has been perused.

4. The petitioner has admitted in ground "C" of his petition that the sale agreement was executed by the complainant in favour of petitioner No.1 and his brother, co-accused, therefore, argument of learned counsel that petitioner No.1 is not beneficiary has no force. Petitioner No.1 has also attempted to involve son of one of the complainant in a false case for stealing the disputed document in order to avoid its recovery during the investigation. Petitioner No.1 and his brother have deprived their real sisters from inheritance of ancestral property. He has been specifically named in the F.I.R. No mala fide has been pointed out on the part of his real sisters entitling him to extraordinary relief of pre-arrest bail. While petitioner No.2 is signatory of forged document, therefore, the petition is dismissed having no force.

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