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Petitioner: NAZIR AHMAD VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Rafique Tarar, Muhammad Afzal Lone, Shafi-ur-Rehman Title: NAZIR AHMAD vs THE STATE Case No.: Criminal Petition for Leave to Appeal No, 260-L of 1993 Date of Judgment:1993-06-14 Reported As: 1993 SCMR 1993 Result: Bail granted
JUDGMENT
JUDGMENT ' MUHAMMAD RAFIQ TARAR, J.---Nazir Ahmed petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 26-4-1993 whereby his petition for bail in a case under section 381 of the P.P.C. Was dismissed. 2. The case was registered on a written complaint of Vice-President and Manager, National Bank of Pakistan, WAPDA House Branch, Lahore wherein he stated that a sum of Rs, 7,00,000 comprising seven packets each containing 100 currency notes of denomination of 1,000 each were stolen from the Branch on 23-9-1992. The theft was discovered at 3-30 p.m. When Muhammad Rashid, Khalid Majid, Khalid Farooq and Sanawar Atiq-ur Rehman cashiers, working in cash department, had left the Branch after informing the Chief Cashier. ' During the investigation the petitioner, Muhammad Rashid and Khadim Hussain were arrested. According to the prosecution Rs, 5,00,000 were recovered from Muhammad Rashid and Rs, 1,00,000 each from the petitioner and aforesaid Khadim Hussain. 3. Learned counsel for the petitioner contends that the petitioner has been declared innocent during the investigation and co-accused Khadim Hussain with similar allegation has been released on bail by the High Court. This position has not been controverted by the learned counsel for the respondent. We, therefore, convert this petition into an appeal and allow it. The petitioner is released on bail subject to his furnishing security in the sum of Rs, 50,000 with two sureties in the like amount to the satisfaction of the trial Court.