MUHAMMAD KASHIF IQBAL vs State Ss — 2022 SCMR 821 SUPREME-COURT

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MUHAMMAD KASHIF IQBAL VS State Ss. 498 & 497(2)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Using forged signatures on a cheque---Ad interim pre-arrest bail, confirmation of---Further inquiry---As per the contents of the crime report, the accused and the complainant were maintaining a joint Bank account---Allegation against the accused was that he made forged signatures of the complainant on a cheque and issued the said cheque to his co-accused---When the cheque was presented to the Bank, it returned the same due to insufficient funds and mismatch of the signatures of the complainant---Plea of accused that the cheque book was in the custody of the complainant; ten cheques from the same cheque book have already been encashed at the behest of the complainant and the accused never issued the disputed cheque---Held, that no forensic test of the alleged forged signatures of the complainant had been conducted so far to ascertain as to whether the signatures were forged or real---Amount for which the cheque was given had not been mentioned in the crime report---Admittedly co-accused of the accused had been granted post-arrest bail by the court of competent jurisdiction which remained unchallenged by the complainant---Any order by the Supreme Court on any technical ground that the consideration for pre-arrest bail and post-arrest bail were entirely on different footing, would be only limited upto the arrest of the accused because of the reason that soon after his arrest he would become entitled for the concession of post-arrest bail on the plea of consistency---In such circumstances case of the accused squarely fell within the purview of S. 497(2), Cr.P.C. requiring further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and ad-interim pre arrest bail granted to the accused was confirmed. Head NotesCase Description

MUHAMMAD KASHIF IQBAL vs State Ss — 2022 SCMR 821 SUPREME-COURT

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