Law: Pakistan Penal Code, 1860

Section: 34,406,409,420

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

Section: 5(7)

Penal Code (XLV of 1860)--- ----Ss. 406/409/420/34---Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), S.5(7) [as amended by S.3 of Offences in Respect of Banks (Special Courts) (Amendment) Act (XVI of 1997)]---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property---Grant of bail subject to furnishing surety and also subject to deposit misappropriated amount---Special Court granted bail to accused subject to furnishing surety amount in the sum of Rs.23,00,000 and also subject to deposit of Rs.22,89,200 being the amount allegedly misappro-priated by the co-accused---In terms of S.5(7) of Offences in Respect of Banks (Special Courts) Ordinance, 1984, though it was mandatory for the court granting bail to make it conditional to furnishing a surety not less than twice the amount embezzled, but word "twice" vide amendment effected through Amending Act, 1997, had been deleted; it was in circumstances not necessary that the surety amount should be twice the amount embezzled---Bail order was amended by withdrawing the condition of deposit of Rs.22,89,200, required through impugned order; and instead accused woulddeposit the amount of Rs.23,00,000 as surety to the satisfaction of the Trial Court. THIS ORDER PASSED BY: SHAHID ANWAR BAJWA, JUSTICE---.--- Through this Criminal Revision Application the applicant, accused in F.I.R. No.8/2009 of Police Station FIA CBC II/Karachi, under sections 406/409/420/34, P.P.C., has assailed the order dated 23-2-2011 passed by the learned Special Court (Offences in Respect of Banks) Karachi, whereby the applicant has been granted bail but subject to furnishing surety in the sum of Rs.23,00,000-00, and also subject to deposit of Rs.22,89,200-00 being the amount allegedly misappropriated by the co-accused in the court. The learned counsel for the applicant submits that the order for deposit of the amount has perhaps been…

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