2004 PLP 1371 (YLR)
SIDDIQUE BUDHANI‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2004 PLP 1371 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Shabbir Ahmed and Muhammad Sadiq Leghari, JJ |
| Parties | SIDDIQUE BUDHANI‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 1371 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1371 (YLR)?
The case was heard and decided by the Karachi bench comprising: Shabbir Ahmed and Muhammad Sadiq Leghari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1371 (YLR) (SIDDIQUE BUDHANI‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mahmood Alam Rizvi for Respondent.
- Date of hearing: 27th October, 2003.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss. 406/420/484/471/109‑‑‑Bail, grant of‑‑ Only evidence against accused seas that, he in the capacity of General Manager of Company concerned, had signed the Account Opening Form of Current Account opened in the name of Company‑‑‑Accused by signing account opening Form is the capacity of General Manager did not play am role in financial Scam and he had never signed at document relating to financial facility in question‑‑‑State counsel did not controvert said position‑‑‑Case of accused seas identical to co‑accused who had already been granted bail‑‑‑Accused also deserved same concession in view of doctrine of consistency. Salim Salam Ansari for Applicant.
Judgment & Decree
Salim Salam Ansari for Applicant. Mahmood Alam Rizvi for Respondent. Date of hearing: 27th October, 2003. MUHAMMAD SADIQ LEGHARI, J.‑‑‑Present case relates to a financial scam of 1990. According to the prosecution Zikiriya Ghani, the Managing Director of Messrs Hyderabad Electronic Industry Limited in collusion with other directors and employees of the company including Abdul Wahab Ghani, Idress Ghani and Abdul Rauf Deewan fraudulently prepared/forged ownership documents in respect of Plot No.47, Sector No. 15, Korangi Industrial Area, Karachi and then arranged a collusive financial facility/loan of Rs.1,62,00,000 from Messrs Doha Bank Limited. The loan was obtained in the name of Messrs Hyderabad Electronic Industries Limited. The case of the alleged fraud was registered on 21‑7‑1998. After prolonged investigation final challan/report was submitted on 22‑6‑2002. In that report the applicant Siddique Budhani, was shown as one of the absconding accused. By order dated 17‑10‑2002, the applicant was granted interim pre‑arrest bail. While arguing the application Mr. Salim Salam Ansari, learned counsel for the applicant contended that the only evidence against the applicant is in capacity of its General Manager had signed the account opening form of Current Account No.323 opened in the name of Messrs Hyderabad Electronic Industries Limited. According to the learned counsel, by signing his account opening form in that capacity, the applicant did not play any role in the financial scam. Clarifying his contention the learned counsel stated that the opening of account by Zikiriya Ghani was much before the processing of the loan case and sanction thereof. That the applicant had never signed any document relating to the financial facility in question. The learned State counsel did not controvert the contentions of the learned counsel for the applicant. He stated that the case of the applicant Siddique Budhani is identical to that of Accused Oan Ali, who has already been granted bail in this case, therefore, the applicant deserves the same concession in view of the doctrine of consistency. Taking into account the undisputed position that the applicant had not signed any document relating to this controversial financial facility interim bail granted to the applicant is hereby confirmed on same terms and conditions. H.B.T./S‑17/K Bail confirmed.