PERVEZ MAHMOOD vs The STATE
This matter concerns a petition for the confirmation of interim bail granted to the petitioner in a criminal case involving allegations of misappropriation. The core legal question before the Supreme Court was whether, given the specific circumstances of the case—namely, that the alleged shortfall of Rs. 5,000 was rectified by the petitioner within six days of the occurrence—the interim bail previously granted should be confirmed. The Supreme Court, after considering the submissions of the petitioner's counsel and the Additional Advocate-General, held that the interim bail should be confirmed. The Court converted the petition into an appeal and allowed it, thereby confirming the interim bail granted on 4-9-1984. The judgment implicitly reinforces the principle that where an alleged financial misappropriation is promptly rectified by the accused, such conduct may be a relevant factor in the court's assessment of whether to grant or confirm bail, particularly when the trial is expected to commence in the near future, as the prima facie case against the accused may be weakened by the restitution of the funds.
- Can the prompt restitution of an alleged misappropriated amount be a relevant factor in confirming interim bail?
- Does the likelihood of a trial commencing in the near future support the confirmation of interim bail?
ORDER
ASLAM RIAZ HUSSAIN, Actg. C.J.--The petitioner was granted interim bail by this Court on 4-9- 1984. The matter has now come up for confirmation of the interim bail.
2. It is submitted that on 11-11-1980 when the occurrence took place, there had in fact been a shortfall of Rs.5,000 and that the amount was made good by the petitioner within six days, that is, 17-11-1980. It is, therefore, urged that the petitioner was prima facie not guilty of the offence of misappropriation. It is further submitted that the trial of the case is likely to commence in the near future.
3. After hearing learned counsel for the petitioner and the learned Additional Advocate-General who appeared on behalf of the A.-G. Punjab, we are inclined to confirm the interim bail. We accordingly convert this petition into appeal and allow it. The interim bail granted to the petitioner on 4-9-1984 is confirmed.