Forgery

 

*  Ansar Ali and another Vs. The State and another 

(Crl. Misc. No. 73022-B of 2025۔21.1.26),

 *Honorable Justice Tariq Saleem Sheikh

• of the Lahore High Court confirmed the pre arrest bail of real estate agents facing charges under Sections 420, 468, and 471 PPC.

¶√Here is the exact ratio laid down by His Lordship regarding criminal liability in real estate transactions:

√ ¶ On the Liability of Marginal Witnesses*

•√The Court held that signing a property agreement as a marginal witness merely certifies its execution. 

¶It does not mean the witness guarantees the vendor's title. ¶√Criminal liability cannot be fastened onto a witness or facilitator without explicit material proving their prior knowledge of the fraud or active participation in the deception.

 ******* PROOF*****

¶√On Establishing the Offense of Cheating*

The core ratio established is that dishonest or fraudulent intent (mens rea) must exist at the very inception of a transaction. 

••¶ A subsequent breach of agreement, failure to perform, or inability to refund the consideration remains a civil dispute and does not constitute the criminal offense of cheating.

¶√On Physical Presence vs. Complicity in Forgery*

The Court ruled that mere presence during the exchange of sale consideration, 

¶√even if evidenced by photographs showing the counting of cash, does not establish that the accused knew the property's title documents were forged. 

¶•√To attract forgery charges, the prosecution must directly connect the accused to the actual preparation, procurement, or knowing use of those fabricated documents.

¶√On the Grant of Pre Arrest Bail*

Consequently, the Court held that where the non bailable offense (forgery) is not prima facie attracted against the accused, their arrest serves no legitimate investigative purpose, entitling them to the *confirmation of pre arrest bail.*