Syed ALI ZAIDI vs State Ss — 2022 YLRN 165 KARACHI-HIGH-COURT-SINDH

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Syed ALI ZAIDI VS State Ss. 409, 420, 467, 468, 471, 109 & 34---Prevention of Corruption act (II of 1947), S.5(2)---Criminal Procedure Code (V of 1898), Ss. 232, 233 & 235---Constitution of Pakistan, art. 10-a---Criminal breach of trust by public servant, or by banker, merchant or agent, cheating or dishonestly inducing delivery of property, forgery for valuable security, forgery for purpose of cheating, using as genuine a forged document, abetment, common intention, public servant committed or attempt to commit criminal misconduct---Trial for more than one offence---Charge---Scope---Separate charge-sheet, framing of---Fair trial--- application for framing of separate charge for each offence charged against the accused persons to enable the accused persons to prepare their defence as envisaged under art. 10-a of the Constitution was dismissed---Validity---accused were charged for causing huge financial loss to the government exchequer and corresponding illegal gain to them and their accomplice---Bare reading of the FIR would demonstrate that different persons committed apparently same offences at different places and times by separate items with different intention though they belong to same business of banking---Record transpired that in the present case alleged offences had been committed by different set of accused persons in two different branches, who had no nexus, connection with the business affairs/ dealing of the Bank---Times of commission of alleged offences pertained to year, 2008 and onwards at one branch of Bank and 2010 onwards at another branch of Bank, therefore, apparently that was not a case of same transaction---General rule as provided in S. 233, Cr.P.C. was that for every distinct offence there shall be a separate charge and separate trial except, of course, when the code itself permitted otherwise---Principle behind that wisdom was that when each charge was tried separately, there was much less of an apprehension of prejudice to the accused compared to a trial wherein several offences were combined together---application was allowed, in circumstances, with direction that the Trial Court would frame separate charges against the two set of accused persons belonging to two different branches of Bank, and hold separate trials in respect of each charges.

Syed ALI ZAIDI vs State Ss — 2022 YLRN 165 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported