2006 P Cr (PLP)
MUIIAMMAD TARIQ — Petitioner Versus THE STATE — Respondent
| Citation | 2006 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUIIAMMAD TARIQ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 P Cr (PLP) (MUIIAMMAD TARIQ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Akram for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.409/ 109
Prevention of Corruption Act (II of 1947), S.5(2)
Main accused in the case had already been allowed bail by the Trial Court, who was responsible for defrauding the Bank of huge Pakistani and foreign currency, out of which the accused had allegedly received Rs.4,15,000
Remaining amount was with the said main accused
Accused, thus, was also entitled to bail on the principle of consistency
Case against accused required further probe
Trial had not been concluded and there being no concept of punishment before conviction, accused could not be put behind the bars for indefinite period
Judgment & Decree
Petitioner seeks post-arrest bail in case F.I.R. No.5 of 2003 dated 19-2-2003 under sections 409, 109, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947 registered with Police Station RI. A., C.B.C., Multan.
2. Briefly stated the facts of the case are that the Chief Manager, Prime Commercial Bank, Multan got recorded the above mentioned F.I.R. with the allegation that from the safe of the bank, 3.3 million Pak Rupees, 6800 US Dollars, 2100 Pound Sterling and 5860 Euro were removed. Hence the F.I.R.
3. Learned counsel for the petitioner submits that co-accused namely Israr-ul-Haq, who is the main accused in this case has been allowed bail by the learned trial Court vide order dated 16-11-2005. The case of the present petitioner is on better footing. It is further submitted that the allegations against the accused are that 3.3 million Pak Rupees, 6800 US Dollars, 2100 Pound Sterling and 5860 Euro have been stolen by them, out of which only Rs.4,15,000 are alleged to have been received by the present petitioner even this amount has been recovered from him.
4. Learned Deputy Prosecutor-General NAB submits that the petitioner was guard of the Bank and he was supposed to guard the interest of bank whereas he joined hands with the other co-accused and facilitated the crime due to which the bank suffered huge losses.
5. Arguments of learned counsel for the petitioner and Deputy Prosecutor, NAB have been heard and record has been perused.
6. It has been noticed that main accused in this case is Israr-ul-Haq, who is responsible for defrauding the Bank of 3.3 million Pak Rupees, 6800 U.S. Dollars, 2100 Pound Sterling and 5860 Euro, out of which the petitioner is said to have received Rs.4,15,
000. The remaining amount was with the main accused, who has been allowed bail by the learned trial Court vide order dated 16-11-2005. Under the circumstances, the petitioner is also entitled to bail on the principle of consistency. A case of further enquiry has been made out. The trial has not been concluded even no prosecution witness has been recorded. The petitioner cannot be put behind the bars for indefinite period. There is no 1 concept of punishment before conviction.
7. For what has been stated above, while allowing this petition, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety each in the like amount to the satisfaction of learned trial Court. N.H.Q./M-37/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.