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Petitioner: TANWEER AHMED HARAL VS Respondent: THE STATEHonorable Justice TANVIR AHMED KHAN
2002 S C M R 1334
2002 S C M R 1334
[Supreme Court of Pakistan]
Present: Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ
TANWEER AHMED HARAL---Petitioner
versus
THE STATE---Respondent
Criminal Petition for Leave to Appeal No.832-L of 2001, decided on 12th February, 2002.
(On appeal from the judgment, dated 20-11-2001 of the Lahore High Court, Lahore, passed in Criminal Miscellaneous No.4349/B of 2001).
Criminal Procedure Code (V of 1898)---
----S.497---Penal Code (XLV of 1860), Ss.420/468/471/476/406/109-- Constitution of Pakistan (1973), Art. 185(3)---Bail---Allegation against accused was that he as Relationship Manager of complainant-Bank secured letter of guarantee for Rs.80 million from Bank (ABL), and after that facility was processed and co-accused drew a sum of Rs.74.088,609; that letter of guarantee was later on found to be forged and fabricated as not having been issued by said Bank (ABL): that accused had received two cheques issued by co-accused; and that out of amount withdrawn by co-accused from complainant Bank, accused had admitted receipt of Rs.33,000---All such facts prima facie showed that accused was fully involved in the commission of such big fraud, thus, was not entitled to concession of bail-- Supreme Court dismissed the petition and refused to grant leave to appeal.
Sardar Muhammad Latif Khosa, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner.
Nemo for the State.
Date of hearing: 12th February, 2002. .
ORDER
TANVIR AHMED KHAN, J.---Leave to appeal is sought against the order, dated 20-11-2001 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby the petitioner's post-arrest bail application bearing Criminal Miscellaneous No.4349-B of 2001 was dismissed.
The facts briefly narrated for the disposal of this petition for that F.I.R. No. 130 of 2001 was registered against the petitioner at Police Station Civil Lines, Lahore, under sections 420/468/471/467/406/109, P.P.C. at the instance of Muhammad Idrees, Manager, Emirates Bank International (EBI), Egerton Road Branch, Lahore. The allegation against the petitioner, who was working as Relationship Manager in the said Bank, was that he secured letter of guarantee bearing No.ABL:0077 of 2000, dated 28-4-2000 for Rs.80 million from Mr. Arif Khokhar, Manager of the Allied Bank Limited. After this facility was processed, one Arif Moaz Shah drew a sum of Rs.74,088,609 from time to time. During the course of investigation it r-ame to light that the above letter of guarantee was forged and fabricated and was never issued by the Allied Bank Limited. It was further found that the petitioner received two Cheques respectively for Rs.1,50,000 and Rs.1,00,000 both issued by said Arif Moaz Shah. It is also reflected from the impugned order that the petitioner had admitted the receipt of Rs.33,000 out of the amount withdrawn by EBI by said Arif Moaz Shah through cheques which were utilised by his father in his personal business.
All the above aspects, prima facie, show that the petitioner is fully implicated in the commission of this big fraud and is not entitled to the concession of bail. The instant petition being without any substance is dismissed and leave refused.
S.A.K./T-25/S
Leave refused.