IN THE
HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 587
of 2017
Danish
Ahmed
...
...
..Applicant
Versus
The
State
.
..
.Respondent
Date
of hearing and order : 25.07.2017
Mr. Hassan Khan Afridi, advocate
for applicant
Mir Hussain Abbasi,
Asstt. Attorney General
Mirza Taveer Ahmed,
Asstt. Prosecotor FIA
O R D E R
FAHIM AHMED SIDDIQUI, J: This order will dispose of the
instant bail application through which the applicant Danish Ahmed is seeking
his release during trial under Section 497 Cr.P.C in a case initiated against
him under FIR No. 14/2013 of Police Station FIA SBC, Karachi under Sections 420,
468, 471, 109 PPC read with Section 3 (a) (d), AML, Act 2010.
2. Heard arguments advanced by the learned
counsel for the applicant as well as the learned Assistant Attorney General and
perused the record under their valued assistance. In the light of arguments
advanced before me, I have scanned the available record, as such I have observed
as under:
a)
The
allegations against the applicant are that he is the mastermind of hatching a
plot of forgery under his active assistance due to which an amount of Rs.1,25,89,763/-was
deposited in a fake account opened by co-accused in the name of a fake entity
namely 'NEC'.
b)
It
is also the allegation against the applicant that during his service as an
account clerk with Finance Director, PDOHA, he arranged the issuance of cheque
in favour of NLC on the basis of forged minute sheet of Engineering Department.
c)
The
ground of delay of 22 months was taken by the learned counsel for the applicant
during the course of arguments. In this respect my observation is that such
delay is not fatal in white-collar crimes, as such solely on this ground no
benefit can be extended to the applicant.
d)
It
is the responsibility of the applicant to issue cheque during his service in
the office and issuance of cheque on the basis of forged minute sheet, is a
vital piece of evidence against the applicant.
e)
It
has also come on the record that the cheque issued in the name of NLC was
altered and deserted by the applicant in a way that NLC was changed as NEC to
enable the applicant to get it deposited in the fake account.
f)
It
has also come on the record that the real beneficiary of the alleged offence is
the applicant, as such being the actual Hatcher of the plot of forgery, he is
not entitled for any relief.
g)
After
the commission of offence, the applicant has left his job and leaving job is
also a strong piece of corroboration of the involvement of the applicant in the
entire episode.
3. It is my tentative view that there is
considerable and convincing evidence available on the record to associate the
applicant with the commissioning of the said offence and such type of crimes are
serious in nature, as they are the great manic for the financial and corporate
sector of the country. In the instant matter, prima facie no case of further inquiry
within the meaning of section 497 (2) has been made out for the grant of bail.
Accordingly the bail application was dismissed vide order dated 25.07.2017 and
the above are the reasons for the same.
4. I would like to make it clear that the
above observations are purely tentative in nature, and the same are only meant
for the purpose of bail and would have no impact or effect on any party during
the trial.
J
U D G E