MUHAMMAD ALI SOOMRO vs State S — 2022 MLD 1315 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1315 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD ALI SOOMRO vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 5; Penal Code (XLV of 1860); Corruption Act (II of 1947)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ALI SOOMRO VS State S.498---Penal Code (XLV of 1860), Ss. 409, 420, 477-A & 34---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, falsification of accounts, common intention, public servant committed or attempted to commit criminal misconduct---Ad-interim bail, dismissal of---Accused was charged for committing/embezzling Income Tax amount Rs.72,76,221/- which had been deducted from the salaries of employees---Investigation in the case, was in progress and the custody of the applicant was required for further investigation concerning his role and his accomplices---Moreover, there was question and probability that the evidence could be tampered with by the applicant or that the prosecution witnesses would be influenced by him if his pre-arrest bail was confirmed---Material evidence relating to the subject matter was yet to be collected from the applicant during the investigation---Guilt or innocence of the applicant was yet to be established as it would depend on the strength and quality of the evidence which would be produced by the prosecution and the defence before the Trial Court---Investigation could not be thwarted by allowing the applicant with the premium to circumvent the legal process by not joining the investigation---Grant of pre-arrest bail, in circumstances, would undermine the entire investigation process which was not permissible under the law---Bail application was dismissed accordingly.

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