SIDDIQUE BUDHANI vs THE STATE
This matter comes before the Sindh High Court upon an application for bail before arrest filed by Siddique Budhani in Crime No. 24 of 1998 registered at FIA, CBC, Karachi under sections 420, 468, 471, and 109 of the Pakistan Penal Code. The core legal question concerns whether the applicant is entitled to pre-arrest bail given his alleged role as a signatory to an account opening form and the parity of his case with a co-accused. The court held that since the applicant's case is identical to that of a co-accused who was already granted bail, and noting his plea that he severed his employment prior to the loan transaction and did not sign any loan documents, the interim bail before arrest is granted to the applicant in the sum of Rs. 10 lacs with a P.R. Bond. The key principle laid down is the rule of consistency in granting bail when the case of an accused is identical to that of a co-accused who has already been granted relief.
- Whether an accused whose case is identical to a co-accused granted bail is entitled to pre-arrest bail on the ground of consistency?
- Does signing an account opening form during employment without signing loan documents warrant pre-arrest bail in a case of fraudulent loan obtainment?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
1. ' Applicant Siddique Budhani has approached this Court for bail before arrest in Crime No,24 of 1998 registered with FIA, CBC, Karachi under sections 420, 468, '471 and 109, P.P.C. On the complaint of Sheeraz Lalani, Ltd. Director of Messrs Sinter and Turner Precision (Pvt.) Ltd. According to the report, the informant is the Managing Director of M/s. Sinter and Turner Precision (Pvt.) Ltd. And was lawful allottee of Plots Nos.47 and 48, Sector 15, Korangi, Industrial Area, Karachi. It was further stated that a group of persons namely Zakria Ghani, Abdul Wahab Ghani, Idris Ghani and Abdul Rauf Deewan in collusion with M/s. Doha Bank Ltd., fraudulently prepared forged documents of the said property and obtained huge loan in the firm name "Hyderabad Electronic Industries Ltd.' from the said Bank by way of mortgaging the property by deposit of title deed and memorandum dated 19-12-1990. The applicant was employee of Hyderabad Electronic Industries Limited.
2. ' The allegation against the applicant in the final charge-sheet is that he was a signatory to the account opening form of the aforesaid Company during his employment. The applicant has been shown in Column No,2 hence, this application.
3. ' The pleas raised for bail, inter alia, are that the applicant has already severed his employment from Hyderabad Electronic Industries Ltd., on 1-2-1990 much prior to the alleged loan i,e, 19-12-1996.
4. He has not signed any loan document.
5. ' Lastly, case of the applicant is identical to the case of co-accused Zakria Ghani, who has already been granted bail by this Court. Therefore, the applicant is also granted interim bail before arrest in the sum of Rs,10 lacs with P.R. Bond in the like amount to the satisfaction of the Nazir of his Court.
6. Notice to DAG for confirmation or otherwise.
7. Interim bail before arrest granted.