Law:

Section:

Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)------Ss. 4 & 5(6)(7)---Criminal Procedure Code (V of 1898), S.497--­Constitution of Pakistan (1973), Art.199---Constitution petition---Bail Fraudulent withdrawal of Rs.8 lacs from account to customer, charge of---Petitioner not named in F.I.R. was found involved in such case during investigation---Special Court on his agreeing to settle dispute with Bank granted bail to petitioner subject to deposit Rs.2 lacs by specified date and remaining amount in instalments---Plea of petitioner was that such conditional order was beyond scope of S.497, Cr.P.C. as he could not be saddled with criminal liability at bail stage; and that Special Court was under wrong impression that any agreement had arrived at between the parties---Validity---Petitioner could not find faults with impugned order after having benefited from same by getting his release on its basis by depositing Rs.2 lacs---Impugned order was not suffering from any jurisdictional defect---High Court dismissed Constitutional petition in limine. ORDER Through the instant writ petition the petitioner impugns the order dated 21-7-2004 whereby he had been admitted to post-arrest bail by the learned Judge Special Court (Offences in respect of Banks) Lahore. 2. The petitioner had been involved in a case bearing F.I.R No.2 of 2004 registered at Police Station FIA-CCC Lahore on 17-9-2003. The allegation in the F.I.R registered at the instance of Masood Qadir, Group Vice President Prime Commercial Bank Ltd. Lahore, was that a sum of Rs.8 Lac had been withdrawn from the account maintained by Ali Raza Kazmi over and above his actual balance, in a fraudulent and deceitful manner. During the course of investigation the petitioner was also found involved in the said case, although his name did not figure in the F.I.R. 3. The petitioner was arrested on 10-6-2004. He applied for his post-arrest bail before the learned Special Court (Offences in Banks) Lahore which was granted to him by the said Court vide its impugned order dated 21-7-2004. In the bail granting order the learned Special Court noted that the petitioner had deposited an amount of Rs.2,00,000…

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