Mst. ADEEBA KHAN vs State S — 2022 MLD 496 KARACHI-HIGH-COURT-SINDH

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Mst. ADEEBA KHAN VS State S.497---Penal Code (XLV of 1860), Ss.409, 468, 471, 477-A & 109---Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984), S.5---Criminal breach of trust by a clerk or servant, forgery for the purpose of cheating, using as genuine a forged document which is known to be forged, fraudulently destroying or defacing or attempting to destroy or deface or secreting, a will etc., abetment---Bail, refusal of---Allegations against the accused was that she while holding post as Branch Manager of a Bank, she along with her senior management with their joint consent, embezzled/cheated/fraud of Rs.4.75 Million against "Term Deposit Certificate" (TDR) invested by the complainant in his account being maintained at said Bank---Accused was specifically nominated in FIR with specific role---First Information Report was corroborated by documentary evidence as well as statement of witnesses recorded under S.161, Cr.P.C.---Charging S.409, P.P.C. falling under the Offences in Respect of Bank (Special Courts) Ordinance, 1984, as same had been committed in connection with the business of a Bank and the same fell within the prohibitory clause of S.497, Cr.P.C.---Refusal of bail, in circumstances, was a rule and acceptance an exception---Accused was involved in a heinous offence---Not only that, the said offences had also impaired the trust of the people in Banking System---In that way, the alleged crime could safely be considered to be a crime against the whole society and granting bail to such like persons would amount to encourage the heinous crimes in the society---Investigating Officer of the case had found the accused guilty for the commission of the offence---Accused had failed to show that her involvement was product of mala fide or ill will on the part of complainant or investigating agency---Bail application was dismissed, in circumstances.

Mst. ADEEBA KHAN vs State S — 2022 MLD 496 KARACHI-HIGH-COURT-SINDH

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