MUHAMMAD YASEEN vs The STATE and another
This matter concerns a petition for post-arrest bail filed by the petitioner, Muhammad Yaseen, who was charged under Sections 420, 467, 109, 489-F, and 408 of the Pakistan Penal Code 1860. The petitioner, employed as a Warehouse Incharge for Fatima Fertilizer Company Limited, was accused of misappropriating company fertilizer valued at Rs. 14,10,00,000. The core legal question was whether the petitioner was entitled to the concession of bail given the nature of the allegations and the evidence presented. The Court observed that the petitioner had not only misappropriated the goods but had also admitted the company's claim through an affidavit and issued ten cheques totaling Rs. 9,50,00,000, all of which were dishonoured due to insufficient funds. Holding that the case involved a massive financial loss caused by criminal breach of trust, cheating, and fraud, the Court determined that the petitioner did not merit the grant of bail. Consequently, the petition was dismissed, reinforcing the principle that where substantial financial misappropriation is evidenced by admission and dishonoured instruments, the concession of bail is not warranted.
- Is a petitioner entitled to bail when there is prima facie evidence of massive financial misappropriation and admission of liability?
- Does the issuance of dishonoured cheques in the context of misappropriation of company property constitute sufficient grounds to deny bail?
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 489-F, Pakistan Penal Code 1860
- Section 408, Pakistan Penal Code 1860
WAQAR AHMAD SETH, C.J.--- Petitioner, Muhammad Yaseen son of Sher Nawaz, seeks bail in case FIR No, 308 dated 25.04.2018 under Sections 420/467/109/489-F/408, P.P.C. registered at Police Station Par Hoti, Mardan, He has been refused bail by the learned Additional Sessions Judge-IV, Mardan vide order dated 06.06.2018; hence, the instant petition for the same purpose.
2. Brief facts of the case, as per record available are that complainant Umar Waqas Shams, Assistant Channel Manager Fatima Fertilizer Company Limited submitted a written report to the local police for legal action against the petitioner (Warehouse Incharge), co-accused Muhammad Nauman (District Sales Manager) and others wherein he alleged that Fertilizer of different nature of the company lying in the Warehouses/Godown of the company worth Rs. 14,10,00,000/- has been misappropriated by the petitioner Muhammad Yaseen Incharge Warehouse with active connivance of co-accused. It was further alleged that petitioner Muhammad Yaseen has sought time for making good the losses sustained by the company and had also issued ten cheques for Rs. 9,50.00,000/- to the company along with an affidavit wherein he admitted the claim of the company. The cheques have been dishonoured by concerned bank on presentation. It was also alleged that petitioner Muhammad Yaseen, being Incharge of Warehouses, has committed criminal breach of trust through cheating and fraud with connivance of co-accused and have caused huge financial losses to the company. Thus, the complainant charged the petitioner along with co-accused for the commission of offence.
3. Arguments heard and record perused.
4. Admittedly, the petitioner working in Fatima Fertilizers Company as Incharge Warehouses/Godown has not only committed criminal breach of trust through cheating/fraud by misappropriating, fertilizer worth Rs. 14.10,00,000/- but he also admitted the claim of the company by furnishing an affidavit and issuing ten cheques amounting to Rs. 9,50,00,000/- to the company, which on presentation to the bank, were dishnoured because of insufficient funds in the account.
Since huge amount is involved in the case, which has been misappropriated through cheating/fraud, therefore, this Court is not inclined to extend the concession of bail to the petitioner.
5. In view of the above, this bail application being without any B substance is hereby dismissed.
Cited by 1 case
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