Case Details

Citation(s)
2016 SLG 2984 2016 SLD 2984 2016 PCRLJ 1737
Sindh High Court
Spl. Cr. Misc. Application No. 283 of 2014, decided on 10th March, 2016. DATE of hearing: 29th February, 2016.
SALAHUDDIN PANHWAR, JUSTICE
Syed Mohsin Imam Rizvi for Applicant. Arshad Lodhi for
Respondent.

THE DEPUTY DIRECTOR, DIRECTORATE OF INTELLIGENCE AND INVESTIGATIONIR.--Applicant

VS

SAJID HUSSAIN.

Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Sales Tax Act (VII of 1990), Ss. 33 (3), (5), (8) (11c) (13) (16) (18)---.--- Issuance of fake/bogus sale tax invoice---.---Bail, recalling of---.---Alleged offence was against the society as a whole---.---Discretion of bail in favour of accused should not be exercised in white collar crimes---.---Non falling of offence within prohibitory clause of S. 497(1), Cr.P.C. would become immaterial in such like cases---.---Accused had caused loss of hundreds of million of rupees to government exchequer---.---Accused was bound to show that he had no link with the offence even if material collected by the prosecution was tentatively taken as correct---.---Accused was involved in issuing fake/bogus sale tax invoices---.---One should not be entitled for an exception to an illegal act merely for reason that he had acted on instructions of others---.---Sufficient material was available to believe that accused was involved with the commission of offence with which he was charged---.---Accused was not entitled for grant of bail in circumstances---.---Impugned order passed by the Special Court was set aside and bail granting order was recalled---.---Accused was directed to surrender before the Trial Court which should conclude the trial within a period of three months. 1971 SCMR 637; 1976 PCr.LJ 324; 1990 PCr.LJ 340 and 2012 PCr.LJ 1722 ref. Nasir Khan v. Waseel Gul and another 2011 SCMR 710; Imtiaz Ahmed v. State PLD 1997 SC 545; Nisar Ahmed v. State and others 2014 SCMR 27; Muhammad Ismail v. Muhammad Rafique PLD 1989 SC 585 and Muhammad Yousuf v. PC Abdul Lateef Shar 2012 SCMR 1945 rel. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---'Further inquiry'---.---Connotation. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.------ Through instant application, the present applicant seeks cancellation of bail, granted to the respondent/accused Sajid Hussain by Special Court vide its order dated 02.07.2014 whereby releasing him in Crime No.01/2014, registered by Directorate of Intelligence and Investigation - Inland Revenue, Karachi for offence under sections 3, 6, 7, 8, 21, 22, 23, 26 and 73…
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