| Citation(s) |
|---|
| 2017 SLG 899 2017 SLD 899 2017 PLJ 129 |
Lahore High Court
Crl. Misc. No. 3671-BC of 2016, decided on 16.11.2016. Date of hearing: 16.11.2016.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE SYED SHAHBAZ ALI RIZVI, JUSTICE
Malik Sarood Ahmad, Advocate for Petitioner. Mian Muhammad Jehangir Wahla, D.A.G. for State. Mr. Kabir Ahmed Chaudhary, Advocate for
Respondent No. 2.
Crl. Misc. No. 3671-BC of 2016, decided on 16.11.2016. Date of hearing: 16.11.2016.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE SYED SHAHBAZ ALI RIZVI, JUSTICE
Malik Sarood Ahmad, Advocate for Petitioner. Mian Muhammad Jehangir Wahla, D.A.G. for State. Mr. Kabir Ahmed Chaudhary, Advocate for
Respondent No. 2.
HABIB BANK LTD., HAFIZABAD BRANCH THROUGH AUTHORIZED OFFICER --Appellant
VS
STATE AND another --RespondentS
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), S. 406--Cancellation of bail, allowed--Criminal breach of trust--Embezzle sacks of rice pledged with HBL--Deprived public institution from huge amount--Validity--Conduct of accused cannot be assented especially when he was granted bail by trial Court in a slipshod manner without adverting to real facts and circumstances of instant case--Trial Court has altogether ignored observations of High Court while granting post arrest bail just after twenty days--Such like cases are in rampant now a days wherein exchequer of Government has been looted in a very brutal manner, which require to be dealt with iron hands--If such like matters are dealt with leniency, it might create further chaos in society causing further miseries to public at large--All facts and circumstances of the case and amount being huge in nature, that trial Court has passed order in disregard to established principles of law--Bail was allowed. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through the instant petition filed under Section 497(5), Cr.P.C., the petitioner seeks cancellation of post arrest bail granted to Respondent No. 2 in terms of order dated 27.02.2016 by the learned Judge, Special Court-II (Offences in Banks), Punjab, Lahore, in case FIR No. 528, dated 12.11.2015, offence under Section 406, PPC, registered with Police Station, Qila Didar Singh, District Gujranwala. 2. Prosecution story, in brief, as per contents of the crime report is that the petitioner being proprietor of Aqeel Rice Mills procured a loan of Rs.3,37,50,000/- from HBL, Qilla Dedar Singh Branch after pledging a stock of rice. On 03.11.2015, the petitioner took keys of the godown from thegodown supervisor namely Liaqat Ali under the pretext of taking sample and subsequently by committing criminal breach of trust he misappropriated the same. Hence, the instant case has been registered. 3. Learned counsel representing HBL/petitioner (complainant) while initiating his arguments submits that Muhammad AsifAqeal/Respondent No. 2 preferred Crl. Misc. No. 25867-B/2015 seeking pre-arrest bail, which was…
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