Malik AMIR SULTAN vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, a bank manager, who was accused of facilitating the fraudulent withdrawal of Rs. 7,50,000 from a joint account through the issuance of cheques to a 'ghost lady' and countersigning cheques. The applicant sought bail primarily on the grounds of the rule of consistency, citing a co-accused who had been granted interim bail, and on medical grounds, alleging he was a heart patient. The Court addressed the rule of consistency argument, noting that the co-accused's interim bail had not yet been confirmed, thereby rendering that ground inapplicable. However, regarding the medical grounds, the Deputy Attorney General conceded to the grant of bail, provided the applicant deposited the misappropriated amount with the Nazir of the Court. The Court accepted this arrangement, granting bail subject to the applicant furnishing a bond of Rs. 7,50,000 and depositing the equivalent sum with the Nazir, to be invested in a profit-earning scheme, without prejudice to the applicant's defense at trial.
- Does the rule of consistency apply to a co-accused whose interim bail has not yet been confirmed?
- Can a court grant bail on medical grounds subject to the condition of depositing the disputed amount?
- Is a deposit made as a condition for bail considered a final determination of liability?
ORDER
1. ' SHABBIR AHMED, J.--Applicam Malik Amir Sultan was Manager at the relevant time, when a request was made by a ghost lady for issuance of cheque, for PLS account No. 1037-3, which was issued under the orders of the applicant. Four cheques were presented for encashment, whereby a sum of Rs.7,50,000 was drawn from aforesaid account, a joint account of Ghulam Muhammad and Atteeqa Khanum. The allegation against the applicant is also that he countersigned two cheques amounting to Rs.5 lacs as well. Bail application moved before the trial Court was dismissed by order dated 30-10-2002. Hence this application.
2. Bail has been pressed on the ground of rule of consistency as co-accused Bashir Ahmed was granted interim bail before arrest by order dated 26-9-1998. The ground for the grant of bail on the rule of consistency need not detain us long because the interim bail has not yet been confirmed.
3. The second ground urged is medical. The applicant is stated to be a heart patient his detention in jail would be detrimental to his life.
4. ' Learned D.A..-G. Has conceded the grant of bail on medical ground provided the amount involved is deposited by the applicant with the Nazir of this Court in addition to surety before the trial in the sum of Rs.7,50,000.
5. ' Learned counsel for the applicant has accepted the contention put by learned D.A.-G. To the grant of bail. Therefore, the applicant is granted bail in the sum of Rs.7,50,000 with P.R. Bond in the like amount to the satisfaction of the trial Court provided that the applicant deposits the amount of Rs.7,50,000 with Nazir of this Court such deposit would be without prejudice to the plea that may be taken by the applicant at the trial. The Nazir to invest the said amount in a Government profit earning scheme.