SAEED AHMED vs THE STATE

ORDER

' SALEEM AKHTAR, J.---The petitioner seeks 10.Ave 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 In charge, 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 challaned 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 subsequently 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.