Case Details

Citation(s)
2025 SLG 3086 2025 SLD 3086 = 2025 YLR 1038
Sindh High Court
Criminal Bail Application No. D-1387 of 2024, Cr. M.As. Nos. 9004 and 9246 of 2024, decided on 26th July, 2024.
Before Kausar Sultana Hussain and Jawad Akbar Sarwana, JJ
Shaikh Javed Mir for Applicant/ Accused. Kazi Abdul Hamid Siddiqui, Assistant Attorney General for the State. Ameet Kumar for the Complainant.

MOSSIN WALI---Appellant

VERSUS

The STATE---Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497,561A

Law: Penal Code (XLV of 1860)

Section: 409,419,420,468,471,109

Law: Offences in Respect of Banks (Special Courts) Ordinance, 1984

Section: 5(7)

(a)    Criminal Procedure Code (V of 1898)-------Ss. 497 & 561-A---Penal Code (XLV of 1860), Ss. 409, 419, 420, 468, 471 & 109---Criminal breach of trust, cheating by personation, cheating, forgery, using as genuine a forged document, abetment---Bail, grant of---Allegedly, accused-petitioner misappropriated, diverted and siphoned huge amount from the complainant's father--Court passed a short order allowing bail to the accused-petitioner with bail amount set at Rs. one crore, which bail amount was about less than of half Rs. 21,091,201/-, the amount mentioned in the interim charge sheet---Later, accusedpetitioner filed an application under S. 561-A, Cr.P.C. seeking a reduction of the bail amount from one crore to ten lac---Complainant also filed an application under S. 561-A, Cr.P.C seeking an enhancement of the bail amount from one crore to Rs. 21,091,201/----Held, that record showed that the applicant/accused was a seasoned banker having apparently almost 20 years of banking experience, having served in three/four different banks, he was a person of means, and, after leaving HBL Bank in 2020, he entered into the real estate business while passing off as a Branch Manager of HBL with the complainant's father whom he knew for a long time--Applicant/ accused had produced neither additional material nor brought on record any new facts to dislodge the amount of bail of Rs. 1 crore fixed by the High Court to grant bail to the applicant/accused---Neither any plausible nor reasonable grounds had been disclosed by the applicant/accused to reduce the bail amount--Application for reduction of bail had been filed within less than 10 days from the bail granting order, and no real intent or effort had been demonstrated to suggest that the accused had suffered unnecessarily for reasons beyond his control, with the bail amount fixed at Rs. 1 crore---Bail amount was in line with the gravity of the charge against the accused and also consistent with the High Court exercising its inherent powers read in the light of S. 5(7) of the Offences in Respect of Banks (Special Courts) Ordinance, 1984---Applicant/Accused was a professional banker with…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register