MUHAMMAD SARFRAZ ANSARI vs State S — 2021 PLD 738 SUPREME-COURT

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MUHAMMAD SARFRAZ ANSARI VS State S. 497---Bail, grant of---Discretion of Supreme Court---Scope---Practice of the Supreme Court was not to intervene in bail matters ordinarily, leaving them to the discretion of the courts inquiring into the guilt of the accused persons---However, in cases where the discretion was found to have been exercised arbitrarily, perversely or contrary to the settled principles of law, the Supreme Court did not hesitate to interfere with that wrong exercise of discretion, in the interest of justice. Citation Name: 2021 PLD 738 SUPREME-COURTBookmark this Case MUHAMMAD SARFRAZ ANSARI VS State S. 497---Qanun-e-Shahadat (10 of 1984), Art. 43---Bail---Accused implicated on basis of confessional statement of co-accused recorded under S. 164 of the Code of Criminal Procedure, 1898 (Cr.P.C)---Such confessional statement of a co-accused needed independent corroboration even at the bail stage. Citation Name: 2021 PLD 738 SUPREME-COURTBookmark this Case MUHAMMAD SARFRAZ ANSARI VS State S. 497---Bail---Appreciation of evidence---Scope---At bail stage the court was not to make deeper examination and appreciation of the evidence collected during investigation or to conduct anything in the nature of a preliminary trial to determine the accused's guilt or innocence---However, for deciding the prayer of an accused for bail, the question whether or not there existed reasonable grounds for believing that he had committed the alleged offence could not be decided in vacuum---Court, for answering the said question, had to look at the material available on record when the bail was applied for and be satisfied that there was, or was not, prima facie some tangible evidence which, if left unrebutted, may lead to the inference of the guilt of the accused. Citation Name: 2021 PLD 738 SUPREME-COURTBookmark this Case MUHAMMAD SARFRAZ ANSARI VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 409, 420, 468, 471 & 109---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, criminal misconduct---Bail, grant of---Further inquiry---Accused implicated on basis of confessional statement of co-accused---Co-accused stated in his confessional statement that the fake bills were prepared, and eighty percent of the withdrawn amount was taken by the accused---However, there was no sufficient material to corroborate the said statement---Recovered data from the mobile phone did not implicate the accused of the act besides it related to the sale tax invoices and contractor bills of a firm, which was different from the firms owned by the co-accused, in whose favour the alleged fake bills were encashed---Prosecution also failed to refer to any material to substantiate the finding recorded by the investigating officer that the accused , as a result of the fraud, had amassed wealth and purchased two apartments in a housing scheme---Accused being a former, and not a present, employee in the office of Controller Military Accounts prima facie had no control or influence on the matter of passing the alleged fake bills for encashment---Material currently available on record of the case was not sufficient to connect the accused with the commission of the alleged offences, and there were no reasonable grounds for believing that he had committed the alleged offences; but there were sufficient grounds for further inquiry into his guilt in terms of S.497(2) of Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was extended the concession of bail.

MUHAMMAD SARFRAZ ANSARI vs State S — 2021 PLD 738 SUPREME-COURT

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