AHSANULLAH A. KHAIRI vs THE STATE
This bail application arises from proceedings in Crime No. 35/2008, registered at the F.I.A. Crime Circle, Karachi, involving allegations of fraud and forgery under the Pakistan Penal Code. The applicant sought post-arrest bail, contending that he was not involved in the opening of the bank account, the deposit of the forged demand draft, or the withdrawal of funds. The prosecution's case against the applicant rested solely on an alleged confession made before bank officials. The core legal question was whether the applicant was entitled to bail given the lack of direct evidence, the completion of the investigation, and the fact that co-accused persons had already been granted bail. The Sindh High Court held that the applicant was entitled to bail, emphasizing the rule of consistency, as co-accused persons with more direct roles had already been released. Furthermore, the court noted that the investigation was complete and the challan had been filed, rendering the applicant's continued incarceration unnecessary. The court granted bail subject to the furnishing of surety and the deposit of the applicant's passport.
- Does the rule of consistency apply to the grant of bail when co-accused persons with similar or greater involvement have been released?
- Is a confession made before bank officials sufficient to deny bail when no other material directly implicates the accused?
- Does the completion of the investigation and the filing of the challan constitute a valid ground for the grant of post-arrest bail?
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' The applicant has been implicated in Crime No,35/2008, registered at F.I.A. Crime Circle Karachi, for offences under sections 420/467/471/34 P . P . C . The allegation against the applicant is that the name of his company namely Khairi Textile and Garments was used by the main accused namely Muhammad Asif Ali Khan for opening of the account with the Standard Chartered Bank in which forged demand draft is alleged to have been deposited which amount was withdrawn by the co- accused namely Iqbal, Sharif Ali, Syed Naseer Ahmed Qadri and the said Muhammad Asif Ali Khan himself.
2. ' Learned counsel for the applicant has contended that there is no allegation whatsoever against the present applicant that he has participated in any of the action of the opening of the account with the bank, depositing of the demand draft and receiving the payment from the said bank account and that the only material against the present applicant is that of his confession which is alleged to have been made before the bank officials. He has further contended that the co- accused namely Sharif Ali and Syed Naseer Ahmed Qadri have been granted bail by the trial Court and as investigation has been completed, challan has been filed an all documentary material has been collected by the prosecution, no further involvement of the applicant is required and that the applicant will make his appearance before the trial Court. He has contended that the rule of consistency applies to the case of the applicant and further that as all the documentary evidence has been collected by the prosecution, there is no further need of investigation and as such the applicant is entitled to the grant of bail. In support of his submissions he has relied upon the cases of Mitho Pitafi v. The State (2009 SCM R 299) and Saeed Ahmed v. The State (1996 SCM R 1132).
3. ' Learned Standing Counsel on the other hand has categorically admitted the fact that except for confession which is stated to have been made by the applicant before the bank officials there is no other material implicating the present applicant and apparently he seems to be part of the gang who has committed the crime against the bank.
4. We have considered the submissions made by the learned counsel for the parties. Apparently except for the confession which the applicant is stated to have made before the bank officials there seems to be no material directly implicating the applicant with the commission of crime and actually the role of opening the account, depositing of the forged demand draft, withdrawing of the amount of the said demand draft from the bank account, all are alleged against the co-accused and among which Sharif Ali and Syed Naseer Ahmed Qadri who are alleged to have withdrawn the amount from the said bank account have been granted bail by the trial Court vide order dated 23- 7-2008 in case No,29/2008. Further the investigation apparently has been concluded, challan has been filed and the matter is before the trial Court and there seems to be no further need of the applicant in respect of investigation of the crime, consequently, we find that the applicant is entitled to the grant of bail not only on the rule of consistency but also prima facie the only material against him seems to be his confession before the bank officials and that the investigation has been concluded in this case, therefore, present bail application is allowed and the applicant is allowed to be released on bail subject to furnishing surety in the sum of Rs,1 Million with P.R. Bond in the like amount to the satisfaction of the trial Court. The applicant will also deposit his passport with the trial Court.
Cited by 1 case
- MUHAMMAD NAWAZ vs THE STATE 2012 YLR 281