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MUHAMMAD ALI vs State S — 2022 MLD 312 ISLAMABAD

Case information

Citation
2022 MLD 312 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
MLD
Parties
MUHAMMAD ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ALI VS State S.497---Penal Code (XLV of 1860), Ss. 467, 468, 471, 472, 411 & 420---Forgery for valuable security, will, etc. forgery for purpose of cheating, using as genuine a forged document, making or possessing counterfeit seal, dishonestly receiving stolen property, cheating and dishonestly inducing delivery of property---Bail, refusal of---Scope---Accused sought bail after arrest in an FIR lodged under Ss.467, 468, 471, 472, 411 & 420, P.P.C.---Accused moved the second bail petition on the grounds that the vehicle mentioned in the FIR had already been recovered by the police in another case; that the report of Forensic Laboratory revealed that chassis number of the vehicle was not tampered with and that the complainant had made a statement that he did not want to initiate proceedings against the accused---Held; grounds available to the accused at the time of dismissal of earlier bail petition, whether argued or not and whether expressly dealt with in the order of dismissal or not, could not be taken as a fresh ground in subsequent bail petition---Grounds of daily diaries regarding recovery of vehicle and report of Forensic Laboratory were available to the accused at the time of arguing the bail application, which was dismissed---Accused could not take the same grounds in second petition---Complainant was not present in the court to verify the contents of his undertaking/affidavit---Accused was involved in 07 criminal cases/FIR of similar nature---Several cars of other FIRs were also recovered on the indication of accused, challan had already been submitted in the Court---Bail petition was dismissed, in circumstances.

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