Pakistan Case LawSAEED AHMED Versus THE STATE
This matter concerns a petition for leave to appeal against the dismissal of a bail application by the High Court. The petitioner, a retired police department cashier, was accused of misappropriating funds by failing to remit deductions to the District Police Welfare Punjab, leading to an F.I.R. under sections 406, 420, 468, and 471 of the Pakistan Penal Code 1860, with section 409 subsequently added. The core legal question was whether the petitioner was entitled to bail given the nature of the evidence and the alleged mala fide addition of a non-bailable offence. The Supreme Court observed that the case rested entirely on documentary evidence already in the prosecution's possession, rendering the risk of tampering negligible. Furthermore, the court acknowledged the potential merit in the petitioner's argument regarding the strategic addition of section 409 to invoke the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Consequently, the court granted bail, holding that where evidence is documentary and secured, and the addition of a non-bailable offence appears questionable, bail should be granted.
- Does the existence of purely documentary evidence in the possession of the prosecution justify the grant of bail?
- Can the addition of a non-bailable offence to an F.I.R. be scrutinized for mala fide intent during bail proceedings?
- Is bail appropriate when there is no reasonable apprehension of tampering with evidence?
ORDER
SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers whereby his bail application was dismissed.
2.The petitioner is a retired Cashier of the Police Department, who was Incharge, Fund Section of S.S.P. Office, Lahore. He retired on 1-1-1991. On scrutiny of record it was found that he had not remitted 10% of the amount deducted from the reward paid to the police personnel to District Police Welfare Punjab. F.I.R. Was lodged on 27-12-1993 under sections 406, 420, 468 and 471, P.P.C. It was alleged that on scrutiny it was found that an amount of Rs,9,22,167.30 had not been deposited during the financial years 1987, 1988 and 1989. He was arrested on 8-1-1994 and challan was submitted on 19-3-1994.
3.The learned counsel for the petitioner contended that there is no prohibition for grant of bail in respect of offences mentioned above, but with mala fide intention subs equently offence under section 409, P.P.C. Has also been added in order to bring the petitioner's case within the prohibitory clause of section 497, Cr.P.C. The case entirely depends upon documentary evidence which seems to be in possession of the prosecution and challan has already been submitted. The objection of the learned counsel regarding addition of section 409, P.P.C. May carry some weight while considering the bail application. As there is no possibility of tampering with the evidence, ,which is entirely documentary in nature and in possession of the prosecution, in the circumstances, we convert the petition into an appeal and allow it, and grant bail to the petitioner on furnishing one surety in the sum of Rs,50,000 to the satisfaction of the Deputy Registrar, Supreme Court, Lahore.
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Judges on this bench
- Abdul Qadeer Chaudhry1,248 judgments
- Saleem Akhtar1,928 judgments