| Citation(s) |
|---|
| 2012 SLG 1119 2012 SLD 1119 2012 PLD 225 |
Sindh High Court
Criminal Bail Application No.1171 of 2011, decision dated: 13-01-2012, hearing DATE : 3rd January, 2012
FAISAL ARAB AND MUHAMMAD TASNIM, JJ
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Criminal Bail Application No.1171 of 2011, decision dated: 13-01-2012, hearing DATE : 3rd January, 2012
FAISAL ARAB AND MUHAMMAD TASNIM, JJ
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MUHAMMAD MURAD ALI USMANI--Applicant
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.409/419/420/468/471/ 109/34---Criminal breach of trust by banker, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment--Bail---Subsequent bail application filed before same court---Maintainability and scope---Auto loans allegedly sanctioned on bogus documents---Auction of repossessed vehicles at minimal prices---Federal Investigation Agency had filed an interim challan and two supplementary challans in the Trial Court---High Court had dismissed bail application of accused which was filed before submission of second supplementary challan---Second supplementary challan brought new facts to light and accordingly accused applied for bail before Trial Court, which was also dismissed---Validity---Second or subsequent bail application to the same court lay only on a fresh ground which did not exist at the time when the first application was made---Second supplementary challan, which brought new facts to the light, was not filed by the Investigation Agency before the trial Court when earlier bail application of accused was dismissed by High Court-New facts gave the accused fresh grounds to seek bail and for this reasons present bail application filed by accused was maintainable. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.409/419/420/468/471/ 109/34---Criminal breach of trust by banker, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment--Bail, grant of---Further inquiry---Auto loans allegedly sanctioned on bogus documents---Auction of repossessed vehicles at minmal price--Inquiry conducted after lodging of F.I.R. revealed hundreds of cases of alleged offences committed in the main branch of the Bank and that of the accused, but second supplementary challan submitted by Federal Investigation Agency showed that only six auto loan defaults were related to the branch of the accused bank officer---Perusal of second supplementary challan…
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