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SHAH UMAR FAROOQ vs State S — 2023 YLRN 6 ISLAMABAD

Case information

Citation
2023 YLRN 6 ISLAMABAD
Court
Islamabad High Court
Year
2023
Parties
SHAH UMAR FAROOQ vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 497; 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

SHAH UMAR FAROOQ VS State S. 498---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Pre-arrest bail, grant of---Scope---Prosecution case was that the a person (prosecution witness) brought a vehicle to the Police Service Center for getting the same checked---Police found the engine and chassis number of the vehicle to be tampered---Prosecution witness named the accused as seller of the vehicle---Held; there was an unexplained delay of two months in registration of the FIR---Offences under Ss. 420 & 471, P.P.C. were bailable---Section 468, P.P.C. did not fall within the prohibitory clause of S. 497, Cr.P.C.---Even otherwise, the accused was admittedly not the registered owner of the vehicle in question---Accused was implicated on the basis of an agreement which was being denied and in respect of which NADRA (National Database and Registration Authority) verification was awaited---Case was one of further inquiry---No other material was available on the basis of which the accused could be detailed, therefore, malice could not be ruled out at bail stage---Petition for grant of pre-arrest bail was accepted, in circumstances.

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