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Official Citation: 2004 MLD 241
Court / Jurisdiction: KARACHI-HIGH-COURT-SINDH
Parties: MUHAMMAD IQBAL vs THE STATEHonorable Justice WAHID BUX BROHIMehmood A.H. Baloch,Khursheed A. Hashmi
This judicial decision was delivered by the KARACHI-HIGH-COURT-SINDH. The matter involves proceedings between MUHAMMAD IQBAL and THE STATEHonorable Justice WAHID BUX BROHIMehmood A.H. Baloch,Khursheed A. Hashmi, officially reported as 2004 MLD 241. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
2004 M L D 241
2004 M L D 241
[Karachi]
Before Wahid Bux Brohi and Rahmat Hussain Jafferi, JJ
MUHAMMAD IQBAL‑‑‑Applicant
Versus
THE STATE‑‑‑Respondent
Criminal Bail Application No. 648 of 2003, decided on 3rd September, 2003.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S.497‑‑‑penal Code (XLV of 1860); Ss.409/420/468/471/109‑‑‑Bail, grant of‑‑‑Accused, Chief Cashier of the Bank, had allegedly misappropriated an amount of Rs.15,30,000 fraudulently from the cash safe during the period from 15‑4‑2002 to 5‑11‑2002‑‑‑Bank Officer had admitted in the Court that on the closing at the end of the month of June every aspect of the banking transaction was thoroughly examined, checked, verified and noted‑‑‑Prosecution had not denied that the closing shown on 30th June of every year carried vital importance and the entries whatsoever recorded and consolidated thereby, could not be ignored‑‑‑Nothing could be explained as to what were the reasons that the missing of the aforesaid cash was not detected .or noted on June 30‑‑ Report of the Chief Manager also showed that although the offence had allegedly started from 15‑4‑2002, yet everything was O.K. up to 30‑10‑2002‑‑‑What was at the bottom could only be clarified at the trial on recording the evidence of the material witnesses‑‑‑For the time being a case for bail was made out in favour of accused‑‑‑Bail was allowed to accused accordingly.
Mehmood A.H. Baloch for Applicant.
Khursheed A. Hashmi, D.A.‑G. for the State.
Date of hearing: 3rd September, 2003.
ORDER
WAHID BUX BROHI, J.‑‑‑Applicant Muhammad Iqbal son of Muhammad Ibrahim, is being tried by the Special Court (Offences in Banks), Sindh at Karachi, for an offence punishable tinder sections 409/420/468/471/109, P.P.C., arising out of F.I.R. No.4 of 2003 of FIA CBC‑II, Karachi. The F.I.R. incorporates a written complaint made by Khalid Ahmed, AVP and Chief Manager, HBL, Timber Market Branch, Karachi, the text whereof is reproduced hereunder:‑‑
"The Deputy Director FIA CBC‑II
Habib Square, Karachi.
Dear Sir,
Registration of case on account of fraud and misappropriation, cheating Rs.1,530(M) committed by Muhammad Iqbal son of Muhammad Ibrahim, Cashier employee No.298143 posted at Timber Market Branch of Habib Bank Limited, Karachi.
This is to inform you that our Cashier Mr. Muhammad Iqbal son of Muhammad Ibrahim managed to steal an amount of Rs.1,530(M) from the cash safe, it was detected while checking the, cash ‑on 6‑11‑2002.
The accused' Mr. Muhammad Iqbal son of Muhammad Ibrahim in. the capacity of Cashier of the Branch was entrusted over property of the Bank and in the course of business of the Bank, he has committed fraud and illegally included the packet of Rs.100 in the packet of Rs.1,000 thus committed the act of criminal breach of trust/misappropriate, cheating and in this way guilty mind of accused person caused willful loss to the Bank as provided in the Offence in respect of Banks (Special Court Ordinance No.IX of 1982).
It is, therefore, requested that a case may kindly be registered against the above named accused person and dealt with accordingly.
(Sd). Complainant Khalid Ahmed AVP & Chief Manager, HBL, Timber Market Branch, Karachi. "
2. On the basis of above F.I.R., investigation was conducted and an interim challan was filed in the trial Court on 4‑2‑2003. The Investigating Officer is present before us and states that he proposes to submit final challan. Both the learned counsel present, however, concede that an interim challan under section 173, Cr.P.C. is normally a final report for all practical purposes and the term "interim" is, indeed, meaningless.
3. We have heard Mr. Mehmood A. H. Baloch, for the applicant and Mr. Khursheed A. Hashmi, D.A.‑G., for the State.
4. It was mainly contended by Mr. Mehmood A.H. Baloch, that there is delay in lodging the F.I.A., the counting of the cash was done in absence of the applicant, and the applicant has been made scapegoat although the cash is generally under the supervision of three officials namely, the Chief Manager, Manager Operations and the Chief Cashier, but the other two or at least the Manager Operations has not been made accused in this case.
5. Mr. Khursheed A. Hashmi, learned D.A.‑G., opposed the bail on the ground that‑the Bank has been defrauded of a colossal amount and applicant was directly in control of the cash.
6. We have given our anxious consideration to all these conventions At the outset, we have noted that as per F.I.R. the offence had taken place in between September and November, 2002 that is to say the cash was removed/replaced during the said period of over two months. Nevertheless, as per interim challan/report under section 173, Cr.P.C. the investigation conducted by the Investigating Officer revealed that the applicant while posted as Chief Cashier at Habib Bank Limited, Timber Market Branch, Karachi, misappropriated an amount of Rs.1,530,000 fraudulently in between 15‑4‑2002 to 5‑11‑2002 by inserting notes of Rs.100 denomination in the packets of Rs.1,000 showing the cash intact as per summary of "Paying Cashier Register". In view of this statement, we had called even the Bank Officer to clarify the position, who too admitted that on the closing at the end of month of June every aspect of the banking transaction is thoroughly examined, A checked, verified and noted. There is no denial of this fact even by the prosecution that the closing shown on June 30, of every year carries vital importance and the entries whatsoever, recorded and consolidated thereby cannot be ignored. Nothing could be explained to us what were the reasons that this missing of cash was not detected or noted on June, 30. The report of Chief Manager also shows that although the offence allegedly started from 15‑4‑2002, everything was O.K. upto 30‑10‑2002.
7. We do not intend to go too far, nor would get out of the domain of tentative assessment of the evidence but, suffice it to say that what was at the bottom can only be clarified at the trial on recording the B evidence of material witnesses. For the time being we are persuaded to hold that at least a case of bail is made out. Consequently, the application is allowed and bail is granted to the applicant. He may be released on furnishing solvent surety to the satisfaction of Nazir of this Court in the sum of Rs.1,335,000 (Rupees one million three hundred thirty five thousand only) as it is shown to us that an amount of Rs.195,000 had been deposited in the meantime. P.R. bond be executed in the like amount.
N.H.Q./M‑575/K Bail allowed.