Summary: Bail denied ---- (a) Penal Code (XLV of 1860) ----Ss. 420, 468, 471, 467, 419 & 109—Forgery of valuable security—Sale deed—Nature and effect Accused allegedly forged a sale deed to unlawfully transfer property belonging to a deceased individual into his own name—Court held that a sale deed qualifies as a "valuable security" under S.30, PPC, as it purports to create or transfer legal rights—Although offence under S.467, PPC was not initially applied by investigating agency, court observed that forgery of a valuable security attracted S.467, PPC, which carries a sentence of life imprisonment—Consequently, bar under S.497, Cr.P.C., on grant of bail in non-bailable offences punishable with death or life imprisonment was held applicable—Bail declined. Cited Cases: • Jainul Abdin v. Mulchand Budur AIR 1955 NUC (Assam) 2829 • AIR 1926 Allahabad 57 (b) Criminal Procedure Code (V of 1898) ----S. 497—Post-arrest bail—Scope—Offence of forgery involving valuable security—Prima facie evidence and gravity of offence Bail sought on ground that offences did not fall within prohibitory clause—Court held that S.467, PPC was prima facie attracted, making the offence fall within prohibitory clause of S.497—Petitioner allegedly masterminded transfer of immovable property of a deceased through forged documentation in collusion with revenue officials—Allegations supported by documentary evidence discovered during investigation—Held, gravity of offence and mode of commission precluded grant of bail. (c) Locus standi—Criminal prosecution—Initiation by interested but not aggrieved party ----S. 154, Cr.P.C.—FIR—Maintainability of complaint by relative of deceased Accused objected to FIR on ground that complainant was not a legal heir and thus lacked locus standi—Court held that fraud and forgery are crimes against society at large and can be reported by any member of the public—Real nephew of the deceased, being closely related and interested in protection of the deceased's estate, was competent to lodge FIR—Held, complaint was legally valid. Cited Case: • Muhammad Rasheed v. The State PLD 1959 (WP) Lahore 372 (d) Bail ----Fraud and forgery—Public trust—Abuse of official process—Relevance of petitioner’s role Court observed that petitioner, though not a public official, acted in collusion with revenue staff including Patwari and Naib Tehsildar and was the principal beneficiary of forged transfer—Petitioner’s role depicted him as mastermind of fraud—Held, grant of bail would amount to condoning abuse of public process and undermine public trust—Bail application rightly rejected. Disposition: Bail petition dismissed.