Pakistan Case LawTANWEER AHMED HARAL Versus THE STATE
This petition for leave to appeal was filed against an order of the Lahore High Court, which dismissed the petitioner's application for post-arrest bail in connection with F.I.R. No. 131 of 2001, registered at Police Station Civil Lines, Lahore. The petitioner faced allegations under sections 420, 468, 471, 467, 406, and 109 of the Pakistan Penal Code 1860, involving the fraudulent procurement of a finance facility amounting to Rs. 208 million from Emirates Bank International through forged and fabricated financial guarantees. The core legal question before the Supreme Court was whether the petitioner was entitled to post-arrest bail given the gravity of the allegations and the evidence collected during the investigation. Upon review, the Court found that the investigation implicated the petitioner, noting specifically that he had divulged confidential bank opinions to co-accused and personally encashed cheques issued based on the forged finance facility. Consequently, the Court held that no case for the grant of bail was made out. The petition was dismissed, and leave to appeal was declined, affirming the lower court's decision to deny bail.
- Is an accused entitled to post-arrest bail when investigation reveals direct involvement in the encashment of funds obtained through forged financial guarantees?
- Does the disclosure of confidential bank information to co-accused in a fraud case constitute sufficient grounds to deny bail?
ORDER
TANVIR AHMED KHAN, J.---Leave to appeal is sought against the order, dated 20-11-2001 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby the petitioner's post-arrest bail application bearing Criminal Miscellaneous No,4350-B of 2001 was dismissed.
The fact briefly stated for the disposal of this petition for that F.I.R. No,131 of 2001 was registered against the petitioner on 16-3-2001 with Police Station Civil Lines, Lahore, under sections 4201468/471/467/406/109, P.P.C. At the instance of Muhammad Idrees, Manager, Emirates Bank International (EBI), Egerton Road, Lahore. The allegations as contained in the F.I.R. Are to the effect that Naeem-ud-Din Qammar and his brother Shahid-ud-Din Jauhar Sahaf, Zeeshan Murtaza, Muhammad Saleem Khan and Arif Moaz Shah (a customer of the Bank) approached Mr. Farrukh Karamat, Branch Manager, EBI and Mr. Ashfaq Gulraiz, Manager Trade Services for finance facility in respect of a new company to be incorporated in the name of Heimtex Decur (Pvt.) Limited. Their application was processed and approved by the Head Office, whereupon the petitioner went to ABN Amro Bank to receive letter of guarantee of Rs,208 million. EBI approved the finance facility of aforesaid company and amount of Rs,208 million was withdrawn.
However, subsequently it came to surface that financial guarantee was gorged and fabricated, whereupon the above F.I.R. Was recorded. The case was thoroughly investigated and the petitioner was found fully implicated therein. It has also come on record during the course of investigation that the petitioner divulged the confidential opinion of EBI to Naeem-ud-Din co-accused which was addressed to ABN Amro Bank respecting this guarantee. It has further been noticed that Cheques issued to withdraw the aforesaid amount on the basis of forged finance facility were personally got encahsed by the petitioner.
In this view of the matter, no case for grant of post-arrest bail to the petitioner is made out. The present petition being without any force is dismissed and leave declined.
Judges on this bench
- Qazi Muhammad Farooq544 judgments
- Tanvir Ahmed Khan932 judgments