Law:

Section:

Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)-------S. 5(7)---Constitution of Pakistan (1973), Art.185(3)---Reduction in surety amount---Accused, no doubt, under S.5(7) of the Offences in Respect of Banks (Special Courts) Ordinance, 1984, was required to furnish surety bond equal to the misappropriated or embezzled amount, but it did not mean that only one accused if had to be released on bail, he would furnish the surety amount equal to the total misappropriated/embezzled amount---Six accused having been involved in the case, each accused proportionately dividing the liability would be liable to the extent of about Rs.33 Lacs---Surety amount fixed for the release of accused on bail by High Court was reduced to Rs.35 lacs keeping in view the facts and circumstances of the case, ill health of accused and on humanitarian considerations---Petition was disposed of accordingly. Akhlaq Ahmed Siddiqui, Advocate-on-Record and Amjad Ali Shah, Advocate Supreme Court for Petitioner. Mehmood Alam Rizvi, Standing Counsel and Nadeem Azhar, Dy.A.-G. for the State. Date of hearing: 1st July, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed by the petitioner with the following prayer:-- "It is, therefore, prayed on behalf of the petitioner that this Honourable Court be pleased to grant leave to appeal to the petitioner against the judgment/order, dated 26-5-2004 passed by the learned Division Bench of the High Court of Sindh at Karachi in Criminal Miscellaneous Application No. 194 of 2003 (Nisar Ahmed Dina v. The State) and further be pleased to pass an appropriate order in the facts and circumstances of the case may direct the authority not to arrest the petitioner until final decision of this petition." 2. Briefly stating the facts of the case are that petitioner along with five other persons is facing trial in pursuance of F.I.R. lodged on 29th July, 2003 at Police Station F.I.A. (CBS-I, Karachi) registered on the complaint of Niaz Hussain Chohan, Manager A.B.L. Bombay Bazar, Karachi, wherein it is alleged that he along with other employees of the A.B.L. has misappropriated/embezzled the amount of 126 cheques, liability of…

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