Pakistan Case Lawโ† Search
2004 SCMR 229

MEHRBAN ALI vs THE STATE and another

Citation2004 SCMR 229
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No,369-L of 2002
Date2002-05-22
Judge(s)Javaid Iqbal, Tanvir Ahmed Khan
ResultLeave refused

ORDER

' JAVED IQBAL, J.---This criminal petition for leave to appeal is directed against the order dated 9- 5-2002 passed by learned Lahore High Court, Lahore, whereby bail granted in favour of petitioner has been cancelled.

2. Heard Mr. Rafiq Javed Butt, learned Advocate Supreme Court on behalf of petitioner who mainly contended that since the challan against the petitioner has already been submitted thus the cancellation of bail cannot be considered as justified. It is also contended that the allegations as levelled in the F.I.R. Are baseless and without any substance. It is further contended that the petitioner is innocent and no offence whatsoever has been committed by him.

3. We have carefully examined the contentions as agitated on behalf of petitioner in the light of relevant provisions of law and record of the case. We have perused with care and caution the order dated 13-12-2001 passed by learned Additional Sessions Judge, Samundari, and order impugned. After having gone through the entire record we are of the considered view that very serious allegations of fraud, forgery and extortion have been levelled which are not without substance. The complainant has been allegedly deprived from immovable property worth whereof runs into lacs on the basis of forgery and fake documents allegedly prepared by the petitioner.

There is no denying the fact that power-of-attorney was executed in favour of the petitioner by the complainant which was subsequently withdrawn for certain obvious reasons. A careful scrutiny of the record is demonstrative of the fact that prima facie a case is made out against the petitioner and the order impugned does not call for any interference. As mentioned hereinabove challan has been submitted and accordingly the petitioner would be at liberty to move an application for bail, after the statement of complainant is recorded, which shall be decided in accordance with law and on its own merits. The petition being devoid of merit is dismissed.

' The observations made hereinabove are tentative in nature and shall not affect the merit of the case.

Cited by 1 case

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch