IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 703 of 2017

 

Saeed Ahmed…………………...………………...…………………..Applicant

 

Versus

 

The State………….………………………………..……………….Respondent

 

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Criminal Bail Application No. 860 of 2017

 

Mehmood-ul-Haque..…………...………………...…………………..Applicant

 

Versus

 

The State………….………………………………..……………….Respondent

 

Date of hearing and order :     26.07.2017

 

Mr. Nishat Warsi, advocate for applicant in BA No.703/17

Mr. Khan Zaman Khattak, advocate for applicant in BA No.860/17

Mir Hussain Abbasi, Assistant Attorney General

Mirza Tanveer Ahmed, Asstt. Prosecutor FIA

I.O Inspector Shaukat Malhan, FIA

 

O R D E R

             

Fahim Ahmed Siddiqui, J: This single order will dispose of the above two bail applications moved on behalf of applicants Saeed Ahmed (BA No. 703/2017) and Mehmood-ul-Haque (BA No. 860/2017) as both of them are involved in the instant criminal case on the basis of one and the same FIR. The applicants by filing these applications raised the plea for their release on bail during trial under Section 497 Cr.P.C in a case registered against them under FIR No.13/2017 of Police Station FIA, ACC, Karachi under Sections 109, 409, 468, 471 PPC read with Section 5 (2) of Prevention of Corruption Act-II, 1947.

2.         The learned advocates for the applicants and the learned Prosecutor enjoyed the full opportunity of addressing the Court. I have considered their submissions and gone through the record of the case. From whatever said and produced before me, I have observed as under:

(a)       The allegations against the applicants are that the applicants in collusion with each other as well as the other co-accused have embezzled and misappropriate an amount of Rs.6,50,000/- by depositing the cheques of the affectees of Lyari Expressway by opening fake accounts in Saving Bank GPO, Karachi.

(b)       There is two years delay in lodging of FIR, but the name of applicants does not transpire within the body of FIR when the same was lodged after conducting a thorough enquiry. In such a situation, the case against the applicants requires further enquiry.

 

(c)       The applicant Saeed Ahmed is the Assistant Superintendent in Post Office while applicant Mehmood-ul-Haque is the postman, as such their involvement in the Saving Bank requires further probe.

 

(d)       As far as abetment is concerned, the same is to be established through separate corroborative piece of evidence and for the same, the statement of co-accused is not sufficient.

 

(e)       It is also a question of further inquiry that whether any one of the applicants has collected cheques from the Nazarat of this Court.

 

(f)        It is also worth important that the amount of cheques mentioned in the FIR and other documents does not match to the total amount claimed to be embezzled and misappropriated, as such on this score the case requires further inquiry.

3.         In the backdrop of the above observation, I am of the considered view that a case of bail has been made out for the applicants, as such both bail applications are allowed and applicants are admitted to bail subject to furnishing surety of Rs. 200,000/- each up to the entire satisfaction of the trial Court.

4.         Before parting, I would like to further observe that if the applicants after getting bail does not appear before the trial Court and the trial Court is satisfied that the applicants become absconders then the trial Court is fully authorised to take every action against the applicants and their surety including cancellation of bail without making a reference to this Court.

 

                                                                                                            J U D G E