MUHAMMAD MEHMOOD vs THE STATE
This matter comes before the Sindh High Court through a bail before arrest application filed by the applicant Muhammad Mehmood in connection with Case No. 17 of 2002 registered under sections 420, 468, 471, 409 and 34 of the Pakistan Penal Code 1860. The core legal question concerns whether the applicant is entitled to pre-arrest bail where his involvement is solely based on an identity card number and further inquiry is warranted. The Court holds that the applicant has made out a case for pre-arrest bail as bank officers failed to identify him, the introducer disputed his signatures, and expert opinion regarding handwriting and signatures is still awaited, leaving no immediate incriminating material except the disputed identity card number. The key principle laid down is that pre-arrest bail is justified when the prosecution's case rests on tentative assessment requiring further inquiry into the actual identity and involvement of the accused.
- Whether pre-arrest bail can be granted when the accused's involvement is supported only by a disputed identity card number?
- Does the absence of identification by bank officers and witnesses warrant further inquiry for the purpose of granting bail?
- Section 34, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
Applicant Muhammad Mehmood has approached this Court for bail before arrest in Case No,17 of 2002, F.I.A. CB-II under sections 420, 468, 471, 409 and 34, P.P.C. The similar request has been decided by trial Court by order dated 22-8-2002.
2. The prosecution case is that on 12-11-2001 Account No,3880-5 was opened in the name of Muhammad Mehmood with N.I.C. No,502-92-801163 at Allied Bank Limited Nursery Branch, Karachi with same particulars, another account was also opened at Allied Bank Limited, Kashmir Road Branch, Lahore. On 14-5-2002, the account holder deposited a cheque amounting to Rs,19,00,000 of Account No,2761 of Kashmir Road Branch, Lahore which was sent to Lahore through IBC No,40/78, the credit advice was received on next day on 16-5-2002, and the amount was credited in the Account No,3880-5, out of said credit one cheque of Rs,7,00,000 was encashed from this account.
3. On verification on 17-5-2002 Kashmir Road Branch, Lahore -returned the same cheque unpaid and denied to have issued such IBC (Inter Bank Credit Advice), hence the report was lodged.
4. The applicant approached the trial Court for bail before arrest, which was declined, hence the present bail application.
5. We have heard learned counsel for the applicant and the learned Federal Standing counsel on behalf of the State who has been assisted by the Investigating Officer namely Bashir Ahmed Shaikh.
6. The Federal Standing Counsel has frankly conceded that the involvement of the applicant is on the basis of NIC number appearing on Account Opening Form but with photo of some other person.
7. We have also examined the police papers. The Bank Officers were examined during the investigation, who have not identified the applicant to be the person who either had opened the account or encashed the cheque. Even Athar Shahzad, who is said to be the introducer for opening. of the account, has also disputed his signatures by terming the same as manipulation.
Investigating Officer has stated that the Account Opening Form, Cheque and Signature Card with specimen of the applicant obtained before the Judicial Magistrate have been referred to for the expert opinion, and the opinion is awaited.
8. We are of the view that these facts are sufficient for the grant of bail to the applicant as further inquiry is required in the matter with regard to the involvement of the applicant in the offence as except NIC number no incriminating material is available with prosecution.
Therefore, the applicant has a case for bail before arrest. He is directed to furnish surety in the sum of Rs,1,00,000 with PR Bond of like amount to the satisfaction of Nazir of this Court.