MUHAMMAD USMAN SHAKIR vs State S — 2021 SCMR 1880 SUPREME-COURT

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MUHAMMAD USMAN SHAKIR VS State S. 408---Constitution of Pakistan, Art. 185(3)---Criminal breach of trust by clerk or servant---Bail, grant of---Rule of consistency---Case of further inquiry---Accused was working as Accounts Assistant in a paint manufacturing company---Said company ran a scheme under which after opening a paint box, a token of certain amount would come out and on its return, the company would re-pay the amount to the holder of the token---Pursuant to an audit report, it was found that the accused instead of entering the tokens in the computer system sent them back for redemption in the market due to which a loss of about forty million rupees was caused to the company---Allegedly, the tokens amounting to Rs.11,00,000/- and a cash amount of Rs.200,000/- was recovered from the petitioner---Held, that unless and until the nexus between the amount recovered from the accused and loss occurred was established with exactitude especially when the contents of the crime report did not disclose the denomination/value and number of tokens utilized for causing loss to the company, the accused could not be held guilty and kept behind the bars---To substantiate the allegation, the prosecution had recorded the statements of three shopkeepers, however, mere statements of the shopkeepers prima facie did not seem sufficient to curtail the liberty of a person for an indefinite period especially when the co-accused of the accused from whom tokens of Rs.12,00,000/- were recovered had been granted bail by the High Court---Accused was also entitled for the same relief following the rule of consistency--- Furthermore offence alleged called for further inquiry into guilt of accused, and it also did not fall within the prohibitory clause of S. 497, Cr.P.C.---Accused was in jail for more than six months and no useful purpose would be served by keeping him behind the bars for an indefinite period till conclusion of a lengthy trial---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

MUHAMMAD USMAN SHAKIR vs State S — 2021 SCMR 1880 SUPREME-COURT

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