Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 408, 420

Criminal Procedure Code (V of 1898) S. 497(5)-Bail Non- bailable offences not punishable with death or transportation for life-Bail to be granted as a rule-Refusal of bail only an exception to rule-Petition for cancellation of bail dismissed-Penal Code, (XLV of 1860), Ss. 408 & 420. It is now well settled that in the case of non-bailable offences which are not punishable with death or transportation for life, the grant of bail should be the rule and the refusal thereof should be an exception to that rule. An accused person is presumed under law to be innocent till his guilt is proved. Ash a presumably innocent person he is entitled to every freedom and every opportunity to look after his own case. It goes with out saying that an accused person, if he enjoys freedom, will be in a better position to look after his case and to properly defend himself than if he were in custody.   JUDGMENT This application has been put in on behalf of M. Y. Paricha, Proprietor Messrs PASCO Corporation (Engineers) Bull Road, Lahore, under section 497 (5) of the Criminal Procedure Code, wherein it has been prayed that the bail of Ch. Mansha Khan should be cancelled and he should be remanded to custody. Notice of this application was issued to the respondent on the 22nd September 1966, by my learned brother Fazle Ghani, J. 2. The case of the prosecution, briefly narrated, is that the petitioner's firm had been ordered to supply Trailer Fire Fighter with accessories for Rs. 14,000 to Charsadda Sugar Mills, on the 6th of May 1966. This consignment was received by the said mills, on the 20th of August 1966. The mill issued a cross Draft dated the 22nd August 1966, in the name of Messrs PASCO Corporation through National Bank of Pakistan, The Mall, Lahore. This draft for Rs. 14.000 was collected by the respondent as an employee of the firm. On the 1st of September 1966, it came to the notice of the petitioner's firm, that the respondent had received the amount of the draft by fraudulently opening an account in the name of Messrs PASCO Corporation personating himself, as a proprietor of the said firm with the National Bank of Pakistan, Baghbanpura Branch, Lahore. On the…