MUHAMMAD AKRAM FAHEEM vs State S — 2022 YLRN 113 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AKRAM FAHEEM VS State S. 497(5)---Penal Code (XLV of 1860), Ss. 406, 420, 468, 471, 506, 34---Criminal breach of trust, cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating, using as genuine a forged document, criminal breach of trust, common intention--- Bail, grant of---Further inquiry---Facts narrated and documents produced in court, prima facie, did not reveal that any document had been forged by the accused---Trial Court, only after leading evidence, would be in a position to determine said issue conclusively---Prima facie, court was not satisfied that an offence attracting a criminal liability had been committed---Delay of nearly three years on the part of the complainant to lodge FIR needed to be explained at trial, as no reason for the delay had been provided---Admittedly, complainant, who claimed to have been cheated of an amount of Rs. 134 million by the accused, had yet taken no step to file a suit for recovery, which, prima facie, did not reflect well on the complainant's bona fide and indicated that an attempt had been made to invoke criminal proceedings as an arm twisting mechanism---Offences with which the accused was charged fell within the non-prohibitory clause of S. 497, Cr.P.C.---Investigation was complete, no purpose would be served in detaining the accused behind the bars---Accused was admitted to bail, in circumstances.

MUHAMMAD AKRAM FAHEEM vs State S — 2022 YLRN 113 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported