Ch. SAEED AHMED KHALIL vs State Ss — 2023 SCMR 1712 SUPREME-COURT

Case information

Citation: 2023 SCMR 1712 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Ch. SAEED AHMED KHALIL vs State Ss
Subject matter: Criminal
Provisions referred to: 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

Ch. SAEED AHMED KHALIL VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Constitution of Pakistan, Art. 185(3)---Cheating, fraud and forgery--- Ad-interim pre-arrest bail, confirmation of---Further inquiry---Complainant nominated the present petitioner (accused) and his other family members in his supplementary statement recorded after lapse of more than three months and eight days of the occurrence---Entire fraudulent transaction took place in a span of more than two years and no specific dates for commission of fraud had been given---Only basis to involve the petitioner in the case was the detail of his bank account, as the complainant suspected that the principal accused, who was son of petitioner, would have deposited the amount in petitioner's account---Three co-accused of the petitioner had already been granted pre-arrest bail whereas the principal accused had been granted post-arrest bail by the court of competent jurisdiction---Possibility could not be ruled out that the petitioner had been involved in the case by throwing a wider net by the complainant---Mere fraud of huge amount was no ground to decline bail to an accused---Case of the petitioner squarely fell within the ambit of section 497(2), Cr.P.C. entitling for 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.

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