2002 PLP 789 (MLD)

Sohail Muzaffar for Applicant. Khursheed A. Hashmi, Dy. A.‑G. Applicant Muhammad Sharif seeks bail in a case under sections 420, 471, 467 and 511, P.P.C. (F.I.R. No. 29 of 2001 Police Station FIA C.B.C. Karachi) pending trial before the learned Special Court (Offence in Banks) Sindh Karachi. The prosecution case is that the applicant in collusion with co‑accused S. Zaid Shah prepared a forged and fake demand draft for Rs.33,50,000 alongwith inter Bank Credit Advice for the said amount allegedly issued by Habib Bank Mercantile Branch Karachi, which was presented by co‑accused Zahid Ali Shah and upon verification by the complainant Branch of the Bank at Nawabshah, it was found to be fake and forged and thus, saved it from such loss of money. It has been argued by the learned counsel for the applicant that the only allegation against the applicant is that he had delivered the forged demand draft and the IBCA to co‑accused Zahid Ali Shah at Nawabshah in presence of P.Ws. Muhammad Younus and Manzoor Ali. It was further argued that there is no other evidence connecting the applicant with the commission of the alleged offence. Name of the applicant does not appear in the F.I.R. no role has been assigned against him nor any passing remarks is found against him in the F.I.R. or even in the challan except above. It was urged that there is no evidence of any handwriting expert. The applicant is not even alleged to have signed any document/form at any branch of the Bank. It was lastly urged that the investigation is complete, the applicant has been remanded to judicial custody and he is no more required for further investigation. He, therefore, submits that case against the applicant would call‑ for further inquiry as contained in subsection (2) to section 497, Cr.P.C. The learned Dy. A.‑G., assisted by the Investigating Officer Mr. Abdul Haque Arain, has submitted that the applicant has travelled from Karachi to Nawabshah where he delivered the forged document to co‑accused S. Zahid Ali Shah. He submits that besides Younis, Manzoor Hassaan Ali a third witness had seen the applicant at Nawabshah. The learned Dy. A.‑G, has, therefore, opposed the bail plea of the applicant. Admittedly, it was co‑accused S. Zahid Ali Shah who presented the fake demand draft and IBCA before the Habib Bank branch Nawabshah for encashment of Rs.33,50,000 which he failed toy get upon verification from the issuing bank at Karachi. No paper/form or any document is shown to have been signed by the present applicant. His name does not appear in the F.I.R. The applicant is shown to have been seen by, one witness at Nawabshah and by two witnesses delivering the document to co‑accused S. Zahir Ali Shah. It is yet to be seen whether the applicant had prepared the fake document and he knew that the documents which he delivered were forged. Learned counsel for the applicant has from very initial) stage pleaded total denial of the prosecution case by submitting that the applicant has no business to be in league with the co‑accused. It also cannot be ascertained at this stage, that the documents which the witnesses saw being delivered to co‑accused were same documents which were presented before the Bank. In view of the above, we feet that there is a scope of further inquiry into the guilt of the applicant and there appear no reasons to believe that the applicant is guilty of the offence with which he has been charged. We would, therefore, allow bail to the applicant subject to his furnishing a solvent surety in the sum of Rs.17,00,000 (Rupees Seventeen lacs only) and P.R. Bond in the like amount to the satisfaction of' Nazir of this Court. The bail application stands disposed of. H.B.T./M‑300.K Bail granted.