BAKHAN Versus BHAG BHARI

ORDER

Petitioner complainant of the case registered vide F.I.R. No.285 of 2-7-1990 under section 420/468/471/109/419/409/201/467, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947 at Police Station Civil Line, Rawalpindi investigation whereof was subsequently transferred to the F.IA. alleging misappropriation of vast sums of money from its Welfare Project Employees Provident Fund Account No.PLS-11976 maintained with Lal Kurti Branch of Habib Bank Limited, Rawalpindi, effecting withdrawal therefrom through fake cheques by Zakir Hussain Zakariya, an Account Assistant with the abetment of his named brothers, mother and other relations aggrieved by the granting of post-arrest bail to Bakhtiar Ahmad Syed respondent by the learned Special Judge (Central) Anti-Corruption, Rawalpindi vide the impugned order, dated 27-9-1992 for the reported non -availability of any incriminating evidence against him, confirming the interim post-arrest bail allowed by the learned Sessions Judge, Rawalpindi as acting Special Judge on 4-8-1992 on account of heart ailment consequent upon refusal of pre-arrest bail by the learned Judge, Special Court (Offences in Respect of Banks) vide order, dated 26-7-1992, has re-coursed to the present petition tending to seek cancellation thereof.

2. Contending lack of jurisdiction viz. being a scheduled offence within the contemplation of section 5(6) read with section 2(d) of Offences in Respect of Banks (Special Courts) Ordinance, 1984 learned Special Judge (Central), Anti-Corruption had no jurisdiction, secondly, the respondent being the Chief Accountant as custodian of accounts having custody of the cheque books and the voucher books in terms of instructions enshrined in letter No.FIN/SYS/OOT-83/417, dated 6-11-1993 was privy to the principal accused and with knowledge had been reconciling the debit accounts through fresh cheque, and, lastly, bail petition of the principal accused is pending adjudication before the Supreme Court.

3. To which we are not favourably inclined because Nisar Ali Agha Director Law, F.I.A. accompanied by the Investigating Officers having been sent over during the course of these proceedings categorically stated that the prosecution has no incriminating material available against the petitioner for the offences charged and is accordingly hereby dismissed.

N.H.Q./F-140/L

Petition dismissed.