2008 P Cr (PLP)

BIN YAMIN, J.

This order will dispose of bail application moved on behalf of the applicant/accused. Muhammad Ali son of Khalil Ahmed, in case F.I.R. No.19 of 2007 registered under sections 420/ 468/471/109, P.P.C. at Police Station F.I.A. Crime Circle, Karachi. Brief facts of the case are that complainant Ghulam Rasool Panhwar, resident of Karachi received S.M.S. Message from Bank Alfalah on his Mobile No.03003577929, informing him that transaction of Rs.40,000 (Rs.10,000 in each S.M.S.) has been made through his ATM Card on 6-9-2007, issued to him by Bank Alfalah. In pursuance of that information, complainant, checked his credit card which was available with him. It is further stated that, thereafter complainant reported the matter to the Bank Alfalah on telephone and instructed them to stop his credit card to avoid further transaction. Therefore, complainant visited Credit Card Centre of Bank Alfalah, Karachi where he was advised to meet Risk Management officials of the Bank, which he did on the same day. The complainant thereafter lodged his complaint and surrendered his credit card to the bank. The bank authorities also provided him photographs of the illegal users of his credit card. He identified them, as Muhammad Ali and Muhammad Moosa, resident of Tando Adam. The complainant further stated that, Bank had recently shown him the photographs of the same users who also made transaction of Rs.40,000 at A.B.L. Qasimabad, Hyderabad on account of another credit card holder, complainant requested for necessary legal action in the matter. After registration of the case, accused was arrested in this case about one and half months ago. Since the time of his arrest in this case, he is behind the bars. Earlier, bail application made on behalf of the accused was dismissed by Presiding officer, Special Court (Offences in Banks), Sindh at Karachi vide her order, dated 14-5-2008. Hence this bail application. We have heard learned counsel for the applicant/accused, learned Deputy Attorney-General for prosecution. Learned counsel for accused submitted that there is delay of about 63 days in lodging of the F.I.R. of this case, which is not properly explained. That the delay in lodging of the F.I.R. shows that the same is lodged with the police, after consultation and meditation, which fact makes the whole of the affairs highly doubtful. That the accused are involved in this case, on the basis of their identification through photographs. That the photographs cannot be taken into consideration unless the same are properly proved before the Court. Thus, the identification of the applicant/accused on the basis of their photographs is a very weak type of evidence and requires further investigation. That the accused is detained in custody for the last about one and half months and challan against him has also been filed in Court. Thus, he is no more required by the prosecution for further investigation. That further detention of the accused will not serve any purpose. That there is also difference with reference to the place of incident as at one place, it is stated that the incident had taken place at Hyderabad, whereas, in the F.I.R., it is recorded that the same took place at Karachi. That it is well-settled law that whenever there is any doubt in the case of the prosecution, the benefit of the same should be extended to the accused even at the bail stage. In support of his contentions, learned counsel for the accused relied upon the cases of (1) Messrs R.C.D. Ball Bearing Limited, Sindh v. Employees Social Security Institution, Karachi PLD 1991 SC 308, (2) Afsar Khan and 11 others v. Government of the Punjab 2003 SCMR 1321, (3) Mst. Marium Haji and others v. Mrs. Yasmin R. Minhas and others PLD 2003 Kar. 148 and (4) Fazal Ellahi and another v. The State 2004 SCMR

235. Learned D.A.-G. has vehemently opposed the submissions of learned counsel for the accused. He submitted that there is no delay in lodging of the F.I.R. and in the alternate if there is any delay, the same has been properly explained. That the complainant clearly stated in his F.I.R. that as soon as he received the information about the Commission of the offence, he immediately approached the Bank authorities and lodged the complaint and stopped his credit card account to avoid its misuse in the future. That so far as the identification of the applicant/ accused in this case is concerned, that has also been established properly. .That the photographs of the applicant/accused were not taken by any individual, on the contrary the same were shown to the complainant by the bank authorities, which is an Institution. That bank has no reasons to falsely prepare the photographs of the accused for his false implication in this case, therefore, the contention of the learned counsel for the accused in this regard is not convincing one and the same should be brushed aside. While continuing his contentions, the learned D.A.-G. submitted that the alleged offence against the applicant/accused is registered under a special law, therefore, the bail application of the applicant/accused cannot be decided on the basis of principle of general law. That the offences involving high technique, are recurring in the society off and on, therefore, to discourage the persons having such tendencies, the bail application should be refused. He also contended that nothing is available on the record to show that the complainant has any motive or reason to falsely implicate accused in this case. On the contrary, complainant lodged the F.I.R. against the accused when he was informed about the incident by the bank authorities. That the case is at preliminary stage and evidence of none of the prosecution witness has been recorded in this case. He, therefore, requested for rejection of this bail application. We have considered the contentions raised at bar and have also perused case papers. There is nothing on the record to indicate that the complainant his, any reason or motive to falsely implicate the accused in this case. So far as the identification of the accused is concerned, that stands prima facie proved, and there is no reason for us to disbelieve the identification of the accused on the basis of photographs which were provided to the complainant by the bank authorities. Allegation against accused is of serious nature therefore, we agree with the learned D.A.-G. that to discourage the people having such tendencies, they should not be released on bail on technical grounds. Furthermore, it is well-settled law that at bail stage, deeper appreciation of the evidence cannot be undertaken by the Court. Prima facie a case against the accused has been made out by the prosecution, therefore, finding no merits in this bail application, we hereby reject the same. However, before parting with this order, we would direct the learned trial Court to decide the case at an early date. H.B.T./M-74/K Bail refused.