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ASHIQ HUSSAIN vs State S — 2023 YLRN 4 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

Case information

Citation
2023 YLRN 4 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT
Year
2023
Parties
ASHIQ HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 409---C; 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

ASHIQ HUSSAIN VS State S. 497---Penal Code (XLV of 1860), S.409---Criminal breach of trust by public servant, or by banker, merchant or agent---Bail, grant of---Delayed FIR---Scope---Accused was alleged to have committed an act of embezzlement/ destruction of huge quantity of goods during his posting as Incharge Warehouse in the year 2014, while FIR was lodged in 2020 after about 06 years---No explanation regarding submission of applications by the accused for provision of space for storage of goods wherein he had apprehended destruction of edible goods in case of leaving them in open space owing to lack of proper storage arrangements---Nothing was available on record to substantiate the fact that the Regional Manager had ever visited the store to dig out the factual position or had submitted any visit report---Said lapses had created doubt, which entitled the accused for grant of post arrest bail---Petition for leave to appeal was converted into an appeal and the same was allowed. Head NotesCase Description

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