WASEEM AKHTAR vs State S — 2022 MLD 358 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 358 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: WASEEM AKHTAR vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 408---C; S. 408; S. 420; S. 497; Penal Code (XLV of 1860)

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

WASEEM AKHTAR VS State S.498---Penal Code (XLV of 1860), S.408---Criminal breach of trust by a clerk or servant---Pre-arrest bail, refusal of---No plea of mala fide on the part of complainant/police was asserted by the accused---Scope---Allegation against the petitioner was that he being an employee of a company, transferred an amount Rs.62,78,699/- to his own account which amount was refund of another company---Petitioner contended that the complainant/company had wrongly involved him in S.408, P.P.C., as alleged offence, at the most, attracted cheating (S.420, P.P.C.), which was a bailable offence---Record (documents/vouchers) established that the petitioner, being an employee of the complainant (company), had transferred the alleged amount at the relevant time, hence the ingredients of S.408, P.P.C., were applicable in the case---Concession of pre-arrest bail could not be allowed to an accused person unless the Court was satisfied with the seriousness of the accused's assertion regarding his intended arrest being actuated by mala fide on the part of the police---Not a word about said crucial aspect of the matter was found as no mala fide was made on the part of the complainant to believe that the petitioner had been implicated in the case falsely---Only tentative assessment was to be made and deeper appreciation was not permissible at bail stage---Petitioner had also failed to bring his case for further inquiry as envisaged under S.497(2), Cr.P.C.---Ad-interim pre-arrest bail earlier granted to the petitioner was recalled---Bail was refused, in circumstances.

Other judgments reported in 2022 MLD

2022 MLD 1664 QUETTA-HIGH-COURT-BALOCHISTANSUI SOUTHERN GAS COMPANY LTD., REGIONAL OFFICE VS MUHAMMAD RAHIM When a law requires anything to be done in a particular manner, it should b…
2022 MLD 584 LAHORE-HIGH-COURT-LAHOREABDULLAH KHAN VS State R.6---Report of result of test or analysis---Mandatory provision---Scope---Rule 6 of Control of Narcotic Substances (…
2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTANSyed GULISTAN VS GULAB KHAN Evidence beyond pleadings---Scope---Where the party has not alleged any ground in pleadings, subsequent evidence…
2022 MLD 1612 PESHAWAR-HIGH-COURTSULEMAN VS State Benefit of doubt---Principle---If a single circumstance created reasonable doubt in a prudent mind about the apprehension o…
2022 MLD 663 LAHORE-HIGH-COURT-LAHOREIMTIAZ AHMAD VS State Witness---Statement of injured witness, reliance upon---Scope---Injuries on the person of a witness may established hi…
2022 MLD 1195 LAHORE-HIGH-COURT-LAHORELIAQAT ALI VS DISTRICT COLLECTOR, GUJRAT S.3---Intra court Appeal before High Court----Scope---Original Order---Scope---Application before H…

Back to the case-law library · Search Pakistani case law in Urdu or English