Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 408,411

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 408 411--Allegation of--Mis-appropriation of cash--Post arrest, grant of--No detail of currency notes--Non-availability of public witness--Offence was outside prohibitory clause--Punishment provided for offence under Section 408, PPC is up to seven years which does not fall within ambit of prohibitory clause of Section 497, Cr.P.C--In such like case grant of bail is a rule and refusal is an exception--In present case, petitioner is behind bars since his arrest i.e. 18.06.2020--Investigation is complete and he is no more required for further probe--It is also matter of record that petitioner retains no criminal record, therefore, his further incarceration would serve no useful purpose--Bail was allowed. 2020 SCMR 717 and 2011 MLD 1286 ref. ORDER Through the instant petition, petitioner (Muhammad Tahir Bashir) has prayed for post-arrest bail in F.I.R. No. 214, dated 12.06.2020, under Sections 408 and 411, PPC, registered at Police Station Lohi Bher, Islamabad. 2. Briefly, the allegations set-forth in the F.I.R. lodged by Respondent No. 2/complainant are that on 11.06.2020 at about 10:00 am, within the area of P.W.D, Punjab Cash and Carry the complainant had given Rs. 5 Million to the petitioner, who was Accountant in the said shop for deposit of same in Al-Meezan Bank but the petitioner did not deposit the same and fled away along with the said cash. 3. Learned counsel for the petitioner contends that no details of currency notes are mentioned in the FIR; that no witness from the public has been associated with the alleged recovery; that offence does not fall within the ambit of prohibitory, clause; that investigation is complete and that petitioner is no more required for further investigation, therefore, entitled to the concession of bail. Learned counsel placed reliance upon case laws reported as PLD 1995 SC 34, 2012 SCMR 573, 2002 SCMR 442, 2009 SCMR 1488, 2012 YLR 1944, 2011 MLD 1286, 2010 YLR 1744, 2009 MLD 614. 4. On the other hand, learned State Counsel assisted by learned counsel for the complainant argued that petitioner is specifically nominated in the…

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