Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 408,409

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.408 & 409---Criminal breach of trust by clerk or servant or by banker, merchant or agent---Bail, grant of---Accused was charged under S. 409, P.P.C., in FIR---Relationship between accused/Manager and complainant/owner of Petrol Pump, was that of master and servant---Position of accused was not better than clerk or servant who might have been entrusted the property in the said capacity---Section 408, P.P.C., was applicable to the case, which provided maximum punishment of 7 years and fine---Accused was entitled to the concession of bail, in circumstances. Masood Ahmed and another v. State through Director-General NAB 2017 PCr.LJ 770; Mohsin Ihsan v. The State 2017 PCr.LJ 397; Hussain Haqani v. The State 2000 PCr.LJ 161; Muhammad Boota v. The State 2013 PCr.LJ 318; Qazi Fida-ur-Rehman v. The State and another 2016 YLR 2460; Joseph Sardar v. The State 2012 MLD 607; Chaudry Barkat Ali v. Azad Jammu and Kashmir Ehtesab Bureau Mirpur and another 2009 PCr.LJ 486; Azizullah v. The State 1999 PCr.LJ 154 and Shah Zaib v. The State 2014 PCr.LJ 494 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- Whereas the order dated 05.08.2017 in B.A. No. 147/4 of the year 2017 passed by the learned Additional Sessions Judge/Izafi Zila Qazi Kabal Swat delivered in slipshod manner only on account of the charge by the complainant for embezzlement of Rs. 38 lacs, the offence being covered under section 409, P.P.C. which carries punishment falling within the prohibitory clause of section 497(1), Cr.P.C. and petitioner being prima facie connected with the offence, thus the bail plea of the Petitioner was dismissed. 2. This is an attempt for the grant of post arrest bail in case FIR No. 308 dated 20.06.2017 charged under section 409, P.P.C. registered at Police Station Kanju District Swat. 3. Muhammad Idress Khan owner of the petrol pump known as Dada Khan Filling Station Bara Bandai by an application submitted to the DSP Circle Kabal District Swat narrating the details that the Petitioner Salah-ud-Din was working with him as Manager, who had embezzled an amount of Rs. 38 lacs during…

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