MUHAMMAD WAJID vs State White collar crime — 2022 PLD 684 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD WAJID VS State White collar crime---Scope---Essential elements of white collar crimes, detailed. White collar crimes---Scope---White collar crimes are not always planned and organized act of deception and fraud because it may be committed by a person where he draws an impulse from an easy and sudden opportunity---Literature and scholarly work on the subject has shown that concept of white-collar crime has now travelled beyond the spectrum of respectability and high social status and has entered into realm of occupational activity---Occupational crimes are illegal acts made possible through ones lawful employment or occupational engagements---Such is the secretive violation of norms, laws and societal codes connected with occupational role of individuals---Fraud, deceit, exploitation and secrecy are the essential of such occupational deviance and the motive is only to make money in ordinary course of occupational activity---Whereas, professional white collar crimes are crimes committed by those who are trained in specialized field of occupation to pursue a career as professional in that field---Professional involves an individual creativity, more in mental rather than physical labour. S. 497---Bail---Tentative assessment---Scope---Deep scrutiny of evidence at the stage of bail is not permissible nor is the requirement of law; however, at the same time the Court of law is not precluded from tentative assessment of the material collected during the investigation and the plea of defence, if any, and to form a tentative opinion as to whether the accused is prima facie connected with the commission of offence(s). White collar crime---Scope---Moral element in white collar crime is absent and it must not be forgotten that white collar crimes are of such nature which affect the whole society, even though they may not have any immediate victims. S. 497---Bail---Tentative assessment---Scope--- Court needs not to enter upon a detailed appreciation and examination of the evidence while deciding a bail application, however, the question cannot be decided in vacuum and Court has to look at the material available. S. 497---Bail---White collar crime---Scope---High Court observed that pragmatic approach should be adopted by the Courts at the investigation as well as bail stage in cases involving white collar crime---No leniency should be shown to the people involved in such like cases because then it would be impossible to successfully investigate and help bring the culprit to book or check the ever increasing cancer of corruption S. 497---Bail---White collar crime---Scope---Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail---Bail in such like cases even can be denied in those cases, which do not fall under the prohibitory clause of S. 497, Cr.P.C. Occupational crimes---Scope---Occupational crimes are illegal acts made possible through ones lawful employment or occupational engagements---Such is the secretive violation of norms, laws and societal codes connected with occupational role of individuals---Fraud, deceit, exploitation and secrecy are the essential of such occupational deviance and the motive is only to make money in ordinary course of occupational activity. White collar crime---Explained---Corruption is defined and described in many ways and the term corruption is a general household term having different meanings for different people---In legal context, the shortest, simplest and widest definition of corruption is the abuse of public office for private gains---Legal definition will vary from those applied by sociologist, economist and political scientist---Difficult to define corruption in general terms and the focus has to be the specific conduct such as bribery, fraud, theft and even things offending public morality---White Collar crimes, on the other hand, is a generic term incorporating the concept of breach of trust and deception of fraud and deviation from legitimate occupational activity---In legal parlance, corruption may be taken with a restricted scope and connotation as category of white collar crime wherein every act of corruption may not be a white collar crime and every type of white collar crime may necessarily be an act of corruption---Both these terms may, therefore, be used interchangeably as these two concepts overlap within the scope of criminal activity involving fraud and deception or breach of trust. White collar crimes---Scope---Victim, in cases of white collar crime, comes to surface about the commission of crime after its accomplishment and primary instrument for the commission of crime is creation of false documents which usually comes to the surface after completion of task---Such offences are made possible by the use of some form of technical or inside knowledge, which may be an awareness of how to use the organizational routine to conceal offending or may involve the abuse of special expertise---Such makes many offences complex and the extent, duration and details of offending are difficult to determine.

MUHAMMAD WAJID vs State White collar crime — 2022 PLD 684 LAHORE-HIGH-COURT-LAHORE

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