Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)

Section: 5(6)

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 409,420,468,471477A/34

[Criminal Procedure Code (V of 1898)]......S 497---Penal Code (XLV of 1860), Ss.409, 420, 468, 471 & 477-A/34---Prevention of Corruption Act (II of 1947), S.5(2)---Offences in Respect of Bank (Special Courts) Ordinance (IX of 1984), S.5(6)---Criminal breach of trust by public servant, cheating, forgery, using as genuine a forged document, falsification of account and corruption---Bail, refusal of---Amount of income tax and withholding tax on motor vehicle tax, collected by Excise and Taxation Department, which was received during the day by accused persons, was to be transferred to National Bank by the same evening at about 6/7 p.m.---Out of total amount to be deposited in the Bank, a huge amount of Rs.261,411,407 had been embezzled by the accused persons---Both accused had been implicated in the F.I.R. with specific role---Accused persons had not denied signing the computer generated receipts and 71 paid challans, amount of which had never been transferred to the Government exchequer---Recovery was made from accused person, which was mentioned in the challan---Court granted bail to one of co-accused, who had not misappropriated the amount, whereas, a specific role had been assigned to both accused in the F.I.R.---Accused, in circumstances, could not claim bail on the ground of rule of consistency---Reasonable grounds existed to believe that both accused had committed the offence as alleged against them and they had caused loss to the Government exchequer---Bail application filed by accused was dismissed, in circumstances. Chaudhry Shujat Hussain v. The State 1995 SCMR 1249; Wasi Ahmed v. The State 2010 YLR 2299; Inamul Haque v. The State 2000 YLR 289 and Tariq Hashmi v. The State 2010 YLR 563 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, grant or refusal of---Principles---Further inquiry---Every hypothetical question, which could be managed, would not make the same a case of further inquiry, simply for the reason that same could be answered by the Trial Court subsequently after evaluation of evidence---Accused, in order to be released on bail, must show that no reasonable grounds were on record to believe that he had…

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