Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), Ss. 408, 420, 468, 471 & 380---Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), Ss. 5, 12 & Sched. ---Banking Companies Ordinance (LVII of 1962), Ss.83-A & 84---Bail, refusal of---Pledged stock in question, practically, was in the custody of accused persons as the same was lying in godown within their factory premises---Prosecution had already collected documentary proof in form of 12 receipts of sale of rice by accused persons, during the period when their factory was closed and they could not explain as to from where they got the rice sold by them---Prosecution had also collected evidence regarding purchase of husk filled by accused persons in 9000 bags in place of rice---Accused persons also could not furnish any reason for purchase of such a huge quantity of husk from the market when they themselves were running factory of the same trade---Investigating Officer had also added offence under S.380 P. P. C against accused persons---Accused persons, in circumstances, could not say that offences charged were not made out against them---Accused were also involved in other criminal cases of cheating---Trial Court had already taken cognizance of challan which was ripe for trial/decision and at such stage accused were not entitled to the concession of bail. Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192 ref. ORDER This order proposes to decide two bail applications (Criminal Miscellaneous Nos.4864 and 7520-B of 2007) as petitioners in both are accused of F.I.R. No.45, dated 12-3-2007 under sections 408, 420, 468, 471 and 380, P.P.C, registered with Police Station Ahmedpur Sial, District Jhang. Petitioners in both the petitions were refused post-arrest bail by the learned Judge, Special Court (Offences in Banks) Punjab, Lahore on 21-6-2007 whereas second bail application by Khalid Amin Khan petitioner in Criminal Miscellaneous No.7520-B of 2007 was declined on 20-7-2007. They, thereafter, filed their separate applications before this Court for the same relief. 2. Charge against the petitioners as per complaint of Syed Hussain Raza, Chief…

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