Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497--Penal Code (XLV of 1860), Ss.409/419/420/468/ 471/ 109/34---Preven-tion of Corruption Act (II of 1947), S.5(2)--Criminal breach of trust by public servant, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, common intention, criminal misconduct---Bail, grant of---Further inquiry---Alleged embezzlement of pension funds by tampering with pension cheques---Accused contended that he had no concern with the preparation of pension cheques; that drawing and disbursing officers, who were signatory of the cheques, had not been sent up for trial; that the accused performed his duties as per instructions of his incharge; that offence did not fall under the prohibitory clause of S. 497, Cr.P.C, and that prosecution had collected the documentary evidence and as such there was no apprehension of tampering with the same by the accused---Validity---Signatories of the cheques in question were drawing and disbursing officers, who had not been sent up for trial despite being solely responsible for issuing the cheques--Such fact was sufficient to prove that accused, who was a low grade employee of the organization and was entrusted the duty to cash the cheques, was involved as a scapegoat---Perusal of charge-sheet showed that accused persons named in column No.2 had been let off without assigning any reason, which apparently was a result of dishonest, biased and partial investigation---Case was one of further inquiry falling within the ambit of S. 497(2) Cr.P.C---Accused was admitted to bail, accordingly. 1996 SCMR 1132 ref. ORDER MUHAMMAD FAROOQ SHAH, J.---This Bail Application after arrest filed on behalf of the applicant/accused Mumtaz Ali Jalbani booked in F.I.R. No. 7 of 2012 under sections 409/419/420/468/471/34/ 109/34, P.P.C. R/W 5(2) PC 1947) registered at Police Station FIA CCC Karachi, wherein prayer to grant of bail to the applicant has been made. Precisely, facts leading to this case are that on written complaint of Ahsanullah Cheema, Deputy Director (Coord), Directorate General (Audit), Federal Government,…

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