SIRAJ AHMED NOMANI vs THE STATE
This is a criminal bail application filed by the applicant Siraj Ahmed Nomani seeking post-arrest bail in a case registered under sections 409, 420, 471, 34, and 109 of the Pakistan Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. The core legal question revolves around whether the applicant, who allegedly only introduced a bank account holder and was named as an accused in the final challan after a delay of four years, is entitled to bail on merits and medical grounds. The Sindh High Court held that since the applicant was not a beneficiary, had no proven connivance in the crime, and suffered from a serious heart condition requiring a permanent pacemaker, his bail plea should be granted. The court laid down the principle that post-arrest bail may be granted where the applicant's role is limited to introduction without direct benefit, and where substantiated serious medical ailments exist.
- Whether post-arrest bail can be granted to an accused whose only role was introducing a bank account holder without being a beneficiary?
- Does a delayed final challan implicating an accused years after the initial FIR provide grounds for granting bail?
- Can a serious heart condition requiring a permanent pacemaker serve as a valid medical ground for the grant of bail?
- Section 409, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
' The applicant Siraj Ahmed Nomani seeks bail in case under sections 409, 420, 471, 34, 109, P.P.C.
Read with section 5(2) Act-II, 1947, (F.I.R. No,41 of 1997, F.I.A., CBC, Karachi) pending trial before the learned Special Court (Offences in Banks), Sindh at Karachi.
2. The prosecution case in brief facts is that accused Anis Ahmed an Assistant, in Foreign Exchange Division, National Bank of Pakistan Main Branch at Karachi got two payment orders of Rs,10 Million in the name of Mrs. Rabia Basri against two fake credit vouchers. Accordingly, an account was opened in the name of Mrs. Rabia Basri by accused Anis Ahmed who allegedly was introduced by the applicant Siraj Ahmed Nomani, the then Officer Grade-II of the branch. The accused Anis Ahmed then succeeded in withdrawing a sum of Rs,2.5 Million through a cheque.
3. F.I.R. Was lodged by S.M. Mahir Rizvi on 17-6-1997 through a written complaint made to the F.I.A.
Interim challan of the case was however, submitted in the Court on 13-9-1997 wherein only Anis Ahmed was shown as an accused of the offence whereas the present applicant was shown as prosecution witness in the list of witnesses. Thereafter another interim challan was submitted on 20-4-2000 wherein the applicant was neither shown as an accused nor a witness. In that challan, however, one Abdul Majeed was shown as second accused alongwith accused Anis Ahmed.
However, after about 4 years on 21-8-2001 final challan was submitted wherein the name of the applicant was shown as an accused for the first time.
4. It is argued that the applicant is alleged to have only introduced the account holder Mrs. Rabia Basri and had no other role in the alleged offence. He was not a beneficiary and that he had a clean record of 33 years' service in the bank till his retirement. It was lastly argued that the applicant is a serious heart patient. He has a pace maker implanted with his heart and the medical reports also show that he is suffering from heart ailments.
5. On the other hand Mr. Khurshid Hashmi, learned Dy. A.-G. Has very candidly conceded to the grant of bail plea in the aforesaid circumstances.
6. The applicant is alleged to have only introduced accused Anis Ahmed for the purpose of opening a bank account. He is not a beneficiary. There is no evidence that the offence was committed with connivance of the applicant. The co-accused Abdul Majeed has been granted interim pre-arrest bail. Furthermore, the applicant suffers from a serious heart disease which gets support from the medical report dated 22-11-2001 available on record. Further, Annexures 'H' and 'I' issued by N.I.C.V.D on 22-10-2001 and 11-4-2000 support the implantation of permanent pace maker, in the applicant.
7. Keeping in view the aforesaid facts and circumstances, we are inclined to grant bail to the applicant subject to his furnishing a solvent surety in the sum of Rs,25,00,000 (Rupees twenty-five lacs) to the satisfaction of the Nazir of this Court.