TAHA RAZA vs State S — 2022 PCrLJ 838 ISLAMABAD

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TAHA RAZA VS State S. 9---Constitution of Pakistan, Art. 199---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 109---Prevention of Corruption Act (II of 1947), S. 5---Anti-Money Laundering Act (VII of 2010), Ss. 3 & 4---Qanun-e-Shahadat (10 of 1984), Art. 38---Corruption and corrupt practices, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, criminal misconduct, offence of money laundering and confession to police officer not to be proved---Bail, grant of---Rule of consistency---Delay in conclusion of trial---Scope---Allegation against accused persons was that they, being corporate head and unit corporate head of a Bank, had referred fake documents to the Operations Manager, Relationship Manager and Bank Manager for opening a fake account, which account was used for money laundering---Prosecution had cited 69 witnesses and the reference comprised of 72 volumes, however, statements of only three witnesses were recorded and there was no chance of conclusion of trial in the near future---No independent evidence was collected against one of the accused persons and only evidence against him was the statement of co-accused which statement was inadmissible under Art. 38 of the Qanun-e-Shahadat, 1984---Both the accused persons were suffering from several diseases---All the accused persons arrested in the case had been released on bail after arrest, hence, the accused persons were also entitled for the grant of bail after arrest on the principle of consistency---Entire case depended on documentary evidence which had already been collected by the investigating agency---Prosecution had failed to satisfy the Court that the inordinate delay in conclusion of trial was not partly attributed to it---Constitutional petitions were allowed and the accused persons were admitted to post-arrest bail, in circumstances.

TAHA RAZA vs State S — 2022 PCrLJ 838 ISLAMABAD

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