Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---National Accountability Ordinance (XVIII of 1999), S.10---Bail, grant of---Manager (Operation) of National Bank---Charge of embezzlement---Payment of amount in excess of embezzled amount by accused to National Accountability Bureau under plea bargain---Validity---Finalization of proceedings under plea bargain would require some time, on finalization whereof accused would have to be released---Accused was granted bail in circumstances. Farooq H. Naek, Advocate Supreme Court for Petitioner. Dr. Danishwar Malik, Prosecutor General, Dr. Asghar Rana, Addl. Prosecutor General, NAB for the State. Date of hearing: 8th February, 2008. JUDGMENT CH. EJAZ YOUSAF, J.---This petition for leave to appeal is directed against judgment dated 27-11-2007 passed by a learned Division Bench of the High Court of Sindh at Karachi, whereby application filed by the petitioner for grant of bail was dismissed. 2. Facts of the case, in brief are that a reference was filed by the National Accountability Bureau (hereinafter referred to as the "NAB") against the officers of the National Bank of Pakistan, Sehwan Branch, District Jamshoro, regarding fraud, misappropriation and embezzlement of cash. The case was detected in July, 2005, wherein the present petitioner and one Ahmed Ali Otho were involved. It was alleged that the petitioner while posted in the said Branch as Operation Manager, from 24th December, 1997 to 20th April, 2005, was joint custodian of cash which was found deficient as per audit report. It was further alleged that a total sum of Rs.452,870 was embezzled by the petitioner. 3. It has been contended by the learned counsel for the petitioner that since a sum of Rs.6,32,870 has been paid through cheques by the petitioner to the NAB Authorities as against the alleged defalcated amount of Rs.4,52,870 and on acceptance of the plea bargain the petitioner would be required to be released or otherwise the charge would have to be substantiated at the trial through evidence by the prosecution which would take a considerable time, therefore, pending proceedings in the case the petitioner deserves to be released on bail as his further…

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