| Citation(s) |
|---|
| 2011 SLG 2186 2011 SLD 2186 2011 YLR 809 |
Sindh High Court
Criminal Bail Applications Nos. 811 and 813 of 2010, decided on 22nd December, 2010
TUFAIL H. EBRAHIM, J
Raja Sikandar Khan Yasir for Applicant. Kumail Ahmed Shirazi (in Criminal Bail Application No. 813 of 2010) for Applicant. Liaquat Ali Qasim for the Complainant. Khadim Hussain, A.P.G. for the State
Criminal Bail Applications Nos. 811 and 813 of 2010, decided on 22nd December, 2010
TUFAIL H. EBRAHIM, J
Raja Sikandar Khan Yasir for Applicant. Kumail Ahmed Shirazi (in Criminal Bail Application No. 813 of 2010) for Applicant. Liaquat Ali Qasim for the Complainant. Khadim Hussain, A.P.G. for the State
FUR-RUKH SHAHZAD and anothers
VS
THE STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.408 & 34---Criminal breach of trust by clerk or servant, acts done by several persons in furtherance of common intention---Bail, confirmation of---Further inquiry---Deliberation and consultation could not be ruled out in view of unreasonable and unexplained delay of 10 years in lodging of the F.I.R.---Complainant failed to show entrustment of goods or property to the accused---Goods were directly delivered to the customers after booking of orders and deposit of money in the company's bank accounts---Prima facie, allegations of misappropriation were contradicted by the record of the case which showed that the services of the accused were appreciated and said accused were promoted by the company---No allegation of non-cooperation of the accused with the Investigating Officer was alleged---Alleged documentary evidence being in the possession of the prosecution, no tampering of the evidence was possible by the accused---Case of further inquiry was made out---Reasonable doubt as to involvement of the accused in alleged offence entitled them to benefit of bail--Interim bails of the accused were confirmed. 1999 PCr.LJ 1074; 2006 PCr.LJ 252; 1999 MLD 408; 2007 PCr.LJ 233; PLD 2005 Kar. 41; 1983 PCr.LJ 2010 and 1999 PCr.LJ 958 ref. 2004 SCMR 231; 1996 SCMR 1132 and PLD 1995 SC 34 fol. PLD 2004 Kar. 617; 1971 PCr.LJ 537; 2006 PCr.LJ 202 and 2000 PCr.LJ 518 rel. PLD 2009 SC 440; 2010 SCMR 1221; 2010 SCMR 855; 2009 PCr.LJ 1140; 2005 YLR 609; 2005 PCr.LJ 1797; 2006 YLR 3013; 1999 PCr.LJ 128 and 2000 PCr.LJ 103 distinguished. ORDER TUFAIL H. EBRAHIM, J.--Through this order I will dispose of the above two bail applications arising out of F.I.R. No.773 of 2009 under section 408/ 34, P.P.C. with SITE Police Station(A) Karachi (West Zone) against the accused named above and six others on 30-9-2009 for offence committed on 1-11-1999. "Briefly the facts as alleged in the F.I.R. are that Mr. Umer Malik former General Manager and his sales team comprising of Farrukh Shahzad son of Shafiq Nadir, Regional Sales Manager Control Zone (Lahore) Azizuddin son of Ziauddn, Lahore Area Manager Central Zone…
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