Case Details

Citation(s)
1970 SLG 768 1970 SLD 768 1970 PCRLJ 188
Sindh High Court
Criminal Bail Application No. 320 of 1969, 1st September, 1969
GHULAM SAFDAR SHAH, J

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Syed Mazahir Hussain Naqvi

VS

The State

Law:

Section:

Keywords: Procedure, Notice, Information, Place, Jurisdiction, Discretion, Disposed Of, Order, Copy, Conspiracy, Parties, Prosecution, High Court, Cancellation, Harassment, Money, Exception, Trial Court, Consideration, Remedy, Manager, Prima Facie, Forgery, Evidence Result: Bail allowed ORDER These two applications are directed to secure bail before arrest for applicants S. Mazahir Hussain Naqvi and Shabeehul Hassan against whom a first information report was lodged at the Artillery Police Station for offence under sections 420 and 406, P. P. C. Both these applications would be disposed of together by the same order as they arise out of the same report. Briefly stated the facts forming the background of the case are that complainant Mst. Syeda Saeeda Zehra Imam, the wife of late Ali Imam, received a cheque from Eastern Federal Insurance Company, Karachi for Rs. 2,04,600.00 after the death of her husband. In order to encash that cheque she is alleged to have opened a personal account with Standard Bank, Saddar Branch, Karachi. However, in due course she discovered that the two applicants in collusion with each other forged the original "bank account form" and inserted therein the name of S. Mazahir Hussain Naqvi, the father-in-law of the complainant, as joint account holder. The further allegation is that Mr. Naqvi withdrew large sums of money from that account and misap propriated it. The learned counsel for the parties and the learned Assistant Advocate-General stated before me that applicant Shabeehul Hussan is the Manager and Assistant Vice-President of the Standard Bank while S. Mazahir Hussain Naqvi is the father-in-law of the complainant. The case of the applicants is that the bank account in question was originally opened jointly in the names of S. Mazahir Hussain Naqvi and the complainant and both were authorised to operate upon it singly. The further case of Mr. Naqvi is that under the influence of her mother, brother and other relations, the complainant started withdrawing large amounts from' the joint account and diverted it to her personal account. He, therefore, sent her a letter (a copy of which is on record) suggest ing the creation of a trust…
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