Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.406, 408, 409, 420, 468, 469 & 471---Criminal breach of trust, cheating, forgery, using as genuine a forged document---Bail, refusal of---Allegation against accused was that he mis-appropriated the amount of account holders in the Bank along with other accused persons; embezzled the heavy amount, and issued the deposit slip with his signature along with co-accused---Matter was thoroughly investigated---Signatures affixed on deposit slip were of accused according to hand-writing expert---Supreme Court while dismissing appeal of accused had held that accused was not entitled to concession of bail and that his trial be concluded in shortest possible time---All points agitated by counsel for accused, needed deeper appreciation of evidence and merits of the case, which was not permissible under law at bail stage---Bail application of accused was rejected, in circumstances. 1991 SCMR 599 ref. ORDER SARDAR ABDUL HAMEED KHAN, J.---This is an application for post-arrest bail under sections 406, 408, 409, 420, 468, 469 and 471 APC. In the first round of litigation, the request of the bail was rejected by all the Courts even by the honourable Supreme Court by its order dated 16-11-2012, wherein it was directed that the Banking Court (trial Court) will conclude the trial within a period of 4 months positively. After that the application for bail was filed before Banks (Offences) Special Court of AJ&K on 8-3-2013. However, on 15-3-2013, elevation of the learned Judge as Judge of the High Court, application was pending in the said Court and now, this application has been filed on 29-3-2013, stating therein that the appointment of Judge Banking Court is not in sight in near future and the High Court has concurrent jurisdiction to decide the application, hence this application. The learned counsel Raja Sadaqat Hussain Advocate has argued at length and explained that after the order of rejection of bail by the apex Court on 16-11-2012, the complainant and one important witness of recovery have been produced, whose statements have been recorded by the Court and in the light of fresh grounds…

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