Law: Criminal Procedure Code (V of 1898)

Section: 161,497,497(1)

Law: Pakistan Penal Code, 1860

Section: 109,420,468,471

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.420/468/471/109---Cheating, forgery, using as genuine a forged document---Bail, refusal of---Allegations levelled against accused in the very complaint/F.I.R. for committing the offence of fraud etc., were corroborated by documentary evidence as well as statements of the prosecution witnesses under S.161, Cr.P.C.---Accused had caused substantial monetary loss to account holder of the Bank---Prima facie, case as alleged in the F.I.R., had been made out which connected accused with commission of alleged offence; and there appeared to be no exceptional circumstances to exercise discretion in favour of the accused---Reasonable grounds appeared to believe that accused was guilty of the scheduled offence under Banking Tribunals Ordinance, 1984, relating to the offences in respect of the Banks; and same could not be equated with the cases under P.P.C.---Accused had played a pivotal role in commission of alleged fraud etc.; and he was also the beneficiary of the alleged transaction involving huge amount---Case of accused was distinguishable from the case of co-accused and principle of consistency was not attracted in the matter of accused in circumstances---Bail appli-cation was dismissed, in circumstances. 2010 MLD 758; 2010 PCr.LJ 623 and 2010 YLR 1902 and 2010 YLR 563 distinguished. THIS JUDGMENT DELIVERED BY: NISAR MUHAMMAD SHAIKH, J.--- The applicant Muhammad Nawaz has approached this Court for grant of bail after his earlier bail application moved before the trial Court was dismissed vide order dated 27-4-2010 passed by learned Presiding Officer, Special Court (Offences in Banks), Karachi. 2. As per F.I.R. No.8 of 2010 registered on 25-3-2010 under sections 420, 468, 471, 109, P.P.C. on the written complaint dated 25-3-2010 of the District Manager, UFA, City Branch, I.I. Chundrigar Road, Karachi, a fraud was surfaced on 22-3-2010 when Customer Services Manager of Defence Housing Society Branch received an email dated 20-3-2010 from a customer/account holder namely Syed Asim Minhajuddin informing that his account was debited on 17-3-2010 and 19-3-2010 for Rs.879,700 and Rs.898,900…

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