2009 PLP 2396 (YLR)

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case, none of the offences mentioned in the F.I.R. are made out against him, two female co-accused of the petitioner namely Nighat Nadeem and Zahida Riaz have been allowed bail before arrest by the learned trial Court and four male accused have been allowed post-arrest bail. According to learned counsel, in fact nephew of the petitioner namely Imran Hashmi, who deals in Foreign Currency had been dealing with the Bank, he got signatures on different cheques from the petitioner and not only played fraud with the Bank but also with the petitioner. It is maintained that the petitioner is 65 years of age, infirm/sick person and has also got Admission Card from Punjab Institute of Cardiology. It is next submitted that petitioner has joined the investigation and his son has already been arrested. He has relied upon PLD 1997 SC 544 and 2008 YLR 1220. With these submission it is submitted that case of the petitioner is one of further inquiry.

2. On the other hand, learned Deputy Prosecutor-General assisted by learned counsel for the complainant submits that petitioner had opened account in the Bank on 31-1-2008 with an amount of rupees of one Lac and thereafter through dirty accounts different amounts were transferred in this account which were withdrawn by the petitioner the fraud which the petitioner has played comes to Rs.19/20 Lacs and the recovery is yet to be effected from him. Learned counsel for the complainant has referred to section 5(6) of Banking Laws to submit that the petitioner has committed the offence under sections 468 and 420' P.P.C. and that considerations for the grant of pre-arrest bail and post-arrest bail are totally different. He has relied upon PLD 2003 Lahore 1.

3. The Investigator is present in Court. We have put some questions to him. We have also gone through the statement made by the petitioner at the time of joining the investigation. Investigating Officer submits that petitioner has opened the account but the dirty game has been played by Imran Hashmi, who was dealing in Foreign Currency and had been coming to the Bank, but according to him the petitioner did not withdraw any amount rather Imran Hashmi got signatures of the petitioner on different cheques and misused the same.

4. After having gone through the police file produced by the Sub-Inspector present in Court and attending to the submissions made by learned counsel for the parties we are of the view that case of the petitioner is definitely one of further inquiry within the meaning of subsections (2) of section 497, Cr.P.C. Resultantly, the ad-interim pre-arrest bail granted to the petitioner is confirmed. H.B.T./S-23/L Bail confirmed.