Law: Offences in Respect of Banks (Special Courts) Ordinance, 1984

Section: 5

Law: Penal Code (XLV of 1860)

Section: 409,468,471,477-A,109

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)--- ----S. 5---Penal Code (XLV of 1860), Ss. 409, 468, 471, 477-A 109---Criminal Procedure Code (V of 1898), S. 497---Criminal breach of trust by a clerk or servant, forgery for the purpose of cheating, using as genuine a forged document which is known to be forged, fraudulently destroying or defacing or attempting to destroy or deface or secreting a will etc., abetment---Bail, refusal of---Allegations against the accused was that while holding post as Branch Manager of a Bank, she along with her senior management with their joint consent, embezzled/ cheated/fraud of Rs.4.75 Million against Term Deposit Certificate (TDR) invested by the complainant in his account being maintained at said Bank---Accused was specifically nominated in FIR with specific role---First Information Report was corroborated by documentary evidence as well as statement of witnesses recorded under S. 161, Cr.P.C.---Charging S. 409, P.P.C. was a scheduled offence falling under the Offences in respect of Banks (Special Courts) Ordinance, 1984, as same had been committed in connection with the business of a Bank and the same fell within the prohibitory clause of S. 497, Cr.P.C.---Refusal of bail, in circumstances, was a rule and acceptance an exception---Accused was involved in a heinous offence---Not only that, the said offences had also impaired the trust of the people in banking system---In that way, the alleged crime could safely be considered to be a crime against the whole society and granting bail to such like persons would amount to encourage the heinous crimes in the society---Investigating Officer of the case had found the accused guilty for the commission of the offence---Accused had failed to show that her involvement was product of mala fide or ill will on the part of complainant or investigating agency---Bail application was dismissed, in circumstances. Saeed Ahmed v. The State 1996 SCMR 1132; Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Zaigham Ashraf v. The State and others 2016 SCMR 18; Aman Ullah v. The State and another 2017 YLR 1263; Muhammad Bilal Anwar Shakir v. The State 2017 MLD 1957;…

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