Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1)

Law: Pakistan Penal Code, 1860

Section: 409,420,468,477A

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.409/420/468/477-A---Criminal breach of trust, cheating, forgery for purpose of cheating and falsification of accounts---Bail, refusal of---One of accused persons, who was Chief Manager of Bank had contended that fraud and misappropriation had been committed by the subordinate staff of the Bank---Even if contention of accused was true, by no stretch of imagination, it could be said that said accused was not in the knowledge of the defalcation of huge amount which run in millions, as it was not the business of a day, but spread over a period of three months---Affidavits, Bank record pertaining to the account holders, undertakings, indemnity and other available record, had prima facie connected the accused persons with the crime and they being officers could not absolve themselves from the duties laid on their shoulders by rules and regulations of the Bank---Huge amount involved in the case had been utilized by accused---Account holders were deprived of their profits on their savings---Public Exchequer had also sustained loss---Account holders, on account of such breach, suffered and lost faith and confidence in the banking system---Record did not suggest that proceedings initiated against accused were either mala fide or without jurisdiction---Accused were named in the F.I.R. with specific role attributed to them---Substantial evidence in support of allegations against accused had been collected by the prosecution which had shown that reasonable grounds existed to believe that accused were guilty of the offence alleged to have been committed by them, majority whereof fell within the prohibitory clause of S.497(1), Cr.P.C.---Accused being not entitled to the concession of bail, their bail applications were dismissed. 1995 PCr.LJ 430 and Imtiaz Ahmad and another v. The State PLD 1997 SC 545 ref. THIS JUDGMENT DELIVERED BY: SYED SAJJAD HASSAN SHAH, J.--- By way of this judgment, I propose to dispose of Criminal M.B Nos.23/2011, 34/2011, 52/2011 and 65/2011 as all the four petitions have arisen from one and the same F.I.R. No.26 of 2010 dated 23-12-2010 registered under sections…

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