2017 PLP 60 (YLRN)

Having failed before the learned trial court to get themselves released on bail in case FIR No.42, dated 07.04.2014, registered under Sections 420, 468, 471, 109, P.P.C., read with Section 5 of the Prevention of Corruption Act, 1947, at Police Station FIA/CCC, Lahore, the petitioners have approached this Court for the same relief.

2. As per certificate given at the foot note of this petition, this is the 2nd petition for grant of post arrest bail, preferred on behalf of the petitioners before this Court, as earlier one bearing Crl. Misc. No.1541-B of 2015 was dismissed as withdrawn at the very outset.

3. It is the prosecution's case that from account No.01-0380643-01, maintained by one Arif Hussain in Standard Chartered Bank, Pakistan Ltd. LDA Plaza Branch, Lahore, an amount of Rs.27,50,250/ - was illegally withdrawn. On the report, lodged by Wasim Iqbal Awan, Floor Manager, Standard Chartered Bank, the FIA/CCC, Lahore conducted enquiry No.64/ 2012, and it transpired that the above said amount had been transferred in three different bank accounts through internet banking. It further transpired that out of the said amount, a sum of Rs.10,00,000/ - was transferred in the account of Munir Hussain Shah, petitioner No.1, while another amount of Rs.2,50,000/ was transferred in the account of Muhammad Ali Shah, petitioner No.2. It is claim of the prosecution that both the petitioners withdrew the said amount through different cheques. Yet another co-accused, of the petitioners, namely Muhammad Jamil withdrew an amount of Rs.15,00,000/ - through cheques. During enquiry, it was claim of the petitioners that they had received the above said amount from their co-accused Amir Akram, who was their customer, as they were estate agents. Accordingly, the petitioners and their co-accused named above were booked in this case.

4. Heard. Record perused.

5. It is claim of the petitioners that they themselves were defrauded by their co-accused, namely Amir Akram, who was their customer and the said Amir Akram had misrepresented to them that his CNIC had been stolen and that he had to receive some amount from his relatives, which he got transferred in the bank accounts of the petitioners and then received the said amount from them. In this regard, they relied upon an agreement. Moreover, during the investigation of the case, the petitioners remained on physical remand, but nothing was recovered from their possession including the allegedly misappropriated amount. Both the petitioners were arrested in this case on 24.12.2014 and ever since then, they have been in jail, as such they are no more required by the police for further investigation. The offences with which the petitioners have been charged do not fall under the prohibitory clause of Section 497, Cr.P.C. The petitioners have no previous criminal history. Their co-accused, namely Amir Akram is yet to be arrested.

6. In the above circumstances, the plea raised by the petitioners requires further probe. Their further incarceration in jail would not serve any useful purpose, therefore, we are inclined to allow this petition, which is accordingly allowed. The petitioner, namely Munir Hussain Shah is admitted to bail subject to his furnishing bail bonds in the sum of Rs.10,00,000/ - (one million) with two sureties, each in the like amount to the satisfaction of the learned trial Court, whereas petitioner, namely Muhammad Ali Shah is admitted to bail subject to his furnishing bail bonds in the sum of Rs.2,50,000 (two lac and fifty thousand only) with two sureties, each in the like amount to the satisfaction of the learned trial Court. ZC/M-261/L Bail granted.