Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant---Bail, grant of---Further inquiry---Case against accused was that he while In charge of Utility Store, received certain items from the Head Office against proper receipts, but when said items were sold out, the sale proceeds thereof were not deposited by him in full into the bank and that accused, had therefore misappropriated government money---Alleged embezzlement spread over more than a year because the parties had decided not to initiate criminal proceedings and to settle the account through mutual negotiation---Such aspect strongly suggested that it was a matter of rectification of accounts/record and not deliberate embezzlement---Responsibility, could not be fixed explicitly on accused because counsel for Utility Store could not produce any Rule to show that it was duty of accused alone to make the deposit in the bank, and not of the cashier---Case of accused being one of further inquiry, where bail could not be refused lightly, accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: DOST MUHAMMAD KHAN, C.J.--- Petitioner, Zulfiqar Ali, seeks bail in case F.I.R. No. 35/2012 dated 31-10-2012 registered for crimes under section 409 P.P.C. read with section 5(2) PC Act by Police Station FIA Peshawar. Arguments heard and record perused. 2. The case against the accused-petitioner is that while Incharge of , Utility Store at Madain District Swat, he received certain items from the Head Office against proper receipts and signed the debt card/bill and also took the same on the Stock Register, however, when these items were sold out to the consumers, the sale proceeds thereof were not deposited in full in the relevant head of account of the Commercial Bank and in this way it has been alleged that he misappropriated government money to the tune of Rs.4,48,604. 3. The FIA initially commenced enquiry under the relevant provisions of law, however, the accused-petitioner lodged a civil suit before the Civil Court wherein, during the proceedings before the Civil Court, the…

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