| Citation(s) |
|---|
| 2018 SLG 888 2018 SLD 888 2018 YLR 869 |
Sindh High Court
Criminal Bail Application No. 1171 of 2017, decision & hearing Dated: 11-8-2017.
ADNAN-UL-KARIM MEMON, JUSTICE
Syed Mehmood Alam Rizvi for Applicant. Abrar Ali Kitchi, D.P.G. along with S.I. Zulfiqar Ahmed of Police Station Mithadar for the State. Kashif Hanif for the Complaint.
Criminal Bail Application No. 1171 of 2017, decision & hearing Dated: 11-8-2017.
ADNAN-UL-KARIM MEMON, JUSTICE
Syed Mehmood Alam Rizvi for Applicant. Abrar Ali Kitchi, D.P.G. along with S.I. Zulfiqar Ahmed of Police Station Mithadar for the State. Kashif Hanif for the Complaint.
IFTIKHAR GADAR
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss. 408, 420, 468, 471 & 34---Criminal breach of trust, cheating, forgery, using as genuine a forged document and common intention---Bail, refusal of--- Accused being Chief Financial Officer/co-signatory of the company was allegedly involved in embezzlement of huge amount of company---Accused moved bail application claiming fresh ground of his willingness and readiness to deposit half of the charged amount as security---Effect---Prosecution had conceded the proposal--- Contention of the accused regarding willingness to deposit half of charged amount in court did not make the offence to be automatically bailable---Such payment would not absolve the accused from the allegation levelled against him and neither was the same a fresh ground for being provided at bail stage---Matter being not a civil dispute was not amenable to the wishes of the contesting parties---Charge levelled against the accused was serious and offences were non-compoundable --- Accused was not entitled to the concession of bail---Bail was refused accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Fresh ground---Allegation of embezzlement of huge amount by official of company---Readiness of accused to deposit half charged amount---Effect---Such readiness would not absolve the accused from the allegation levelled against him and neither was a fresh ground for being provided with ordinary/discretionary relief at the bail stage. (c) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Allegation of embezzlement of huge amount of company--- Prosecution conceding offer of the accused to deposit half the amount of embezzled money---Scope---Matter not being a civil dispute was not amenable to the wishes of the contesting parties---Accused was charged with the offences which were non-compoundable---Bail was refused. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The Applicant namely Iftikhar Gadar son of Abdul Razzaq Gadar is seeking post arrest bail in FIR No. 386/2016 registered for offences under Sections 408, 468, 471, 420 and 34, P.P.C. at Police Station Methadar,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492