Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Anticipation bail, seeking leave of Court for bail in anticipation to their arrest--Fraud of 24 millions rupees--A detailed parallel story related by petitioners notwithstanding, nonetheless, they were admittedly at helm of affairs to call shot and thus in a position to rescue complainant from troubled situation he was trapped; various pieces of evidence including forensic data, beyond susceptibility of human interference, unmistakably suggest a conduct perfidious to call of their duty hence, prima facie, cognizable--Held: It is by now well settled that accused in a criminal case cannot be granted anticipatory bail to subvert or undermine investigative procedure/process that essentially include arrest in order to bring statutory exercise to its logical end for effective and meaningful prosecution of offence through collection of information/evidence consequent upon arrest--Mala fide, manifestly intriguing upon intended arrest, is only justification to suspend or divert usual course of law, a step most extraordinary by all means; it is not a case in hand--Petition fails--Leave declined. ORDER Qazi Muhammad Amin Ahmed, J.- Declined both by the learned Special Judge Central-I Karachi as well as a learned Judge-in- Chamber of the High Court of Sindh, petitioners, Deputy and Assistant Directors in the Federal Investigation Agency, respectively, seek leave of the Court for bail in anticipation to their arrest in a case registered with F.I.A./ACC Karachi; they are accused to have received gratification to the tune of rupees 24 millions from one Sheikh Muhammad Munawar arrayed as accused in a Financial scam to subtly defraud Utility Stores Corporation to effect a massive…

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