2003 PLP 1976 (MLD)

Naseem Qamar for Applicant. Khursheed A. Hashmi, D.A.‑G. Date of hearing: 24th September, 2002. Briefly stated the facts of the case as incorporated in the F.I.R. No.20 of 2002, lodged with Police Station FIA Commercial Bank, Circle, Karachi, are that per the written complaint of the applicant Mohiuddin Hussain, Manager (Operations) Faisal Bank Limited, Main Branch, Karachi, an initial inquiry revealed that the applicant/accused Wajahat Hussain Khan alongwith Saeed Hussain and one Zulfiqar Bajwa, officers/employees of the Bank were involved in misappropriation of huge amounts of money through manipulating the foreign currency transaction of the bank. The total amount so defrauded is alleged to be in the sum of Rs.4,208,982, a major portion of which is to the account of co‑accused Zulfiqar Bajwa and Saeed Hussain, whereas the applicant is only charged with misappropriating a petty amount of Rs.2,703.

2. On the basis of the foregoing facts and circumstances, learned counsel for the applicant has firstly submitted that per the inquiry report etc., copies of which have been attached with this bail application it was on the pointation of the applicant that the fraud was detected and hence there could be no element of mens rea on his part in the circumstances of the case. In this connection he has referred to the police statement of one Mateen Ahmed, a copy of which has been filed as annexure 'M', which would establish the foregoing contention. Similarly the statement of Muhammad Ashraf also an employee of the bank is on the same lines. Secondly learned counsel has submitted that so far the only evidence gathered by the prosecution against the accused are records of the electronic transfers of the alleged embezzled amounts for which no documentary proof is available and as far as the applicant is concerned only a small amount .of Rs.2,703 is involved. Consequently, learned counsel submitted that this is a case of further inquiry and has prayed for bail.

3. The learned D.A.‑G. has very candidly admitted that in the circumstances of the case the matter requires further examination and that prima facie it appears that the applicant cannot be connected with the crime at this stage.

4. We have heard learned counsel for the applicant as well as the learned D.A.‑G. In our opinion it appears, prima facie, that the applicant himself was responsible in bringing to light the fraudulent transactions complained of in the F.I.R. Hence it does not appeal to reasons that person who was instrumental in informing the higher management of the bank that some fraud is taking place would himself be involved in it, at least at this stage. Secondly the applicant is only accused or misappropriating a minor amount of Rs.2,703 which admittedly he has returned to the Bank. In the circumstances the matter becomes one of further inquiry. Consequently the applicant is admitted to bail in the sum of Rs.2,00,000 with PR bond in the like amount to the satisfaction of the Nazir of this Court. The bail application is disposed of. H.B.T./W‑42/K Bail granted.