Shoukat Babar Virk vs State S — 2025 YLR 2172 LAHORE-HIGH-COURT-LAHORE

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Shoukat Babar Virk VS State S. 497---Penal Code (XLV of 1860), S. 406---Foreign Exchange Regulation Act (VII of 1947), Ss. 5 & 23---Criminal breach of trust, violation of foreign exchange restrictions---Bail, dismissal of---Allegedly petitioner, in connivance with his co-accused, misappropriated/ embezzled an amount of Rs.79,42,670/- from the funds of A.Q. Khan Trust---Petitioner claimed that under S.23(3) of the Foreign Exchange Regulation Act, 1947, cognizance of an offence could be taken by a Tribunal only on a complaint made in writing by a person authorized by the Federal Government, or the State Bank of Pakistan in that regard, as such the FIR was liable to be quashed---Held: In the case in hand offence under S.406 of P.P.C was main and controlling offence and was carrying the penalty of longest term of imprisonment amongst the offences applied upon FIR, whereas offences under Ss. 5 and 23 of Foreign Exchange Regulation Act, 1947, were subservient---Offence under S.406 of P.P.C was a cognizable offence, which did not require any such like condition precedent for the lodgment of prosecution, as such by virtue of said main offence, the said condition precedent required for subservient offence shall become redundant and the FIR shall be considered legal and valid for all the purposes---Thus, the claim of petitioner had no legal force, hence the same was rejected outrightly---Petitioner was first General Secretary of the Trust, he contacted the foreign donors asking them that there was some problem in the bank accounts of Trust and instructed them to send the donations into his own personal bank account---One donor credited an amount of Rs.79,42,670/- into the personal bank account of petitioner as "home remittances"---Complainant produced copy of FIR for offences under Ss.420, 468 & 471 of P.P.C registered with the allegations that petitioner and accused prepared a bogus/fictitious resolution showing that authority of Chairman Trust was revoked and a new trust body was constituted and thereafter Trust deed was registered with the help of bogus papers---Complainant presented another FIR chalked out on the statement of Advisor of Trust for offences under Ss. 448 & 511 of P.P.C contending that petitioner and 25-30 other 'Ghunda" elements made an attempt to snatch over the possession of Trust Hospital forcibly, but on the timely arrival of law enforcing authorities could not succeed in the accomplishment of their sinister motive---Complainant referred to another FIR registered by attorney of daughter of Chairman with the averments that petitioner and co-accused misappropriated vehicles of the Trust---Petitioner was prima-facie found to be connected with the offence---Material collected during the investigation including particularly the documentary evidence rendered full corroboration and confirmation thereto---Offences were not hit by prohibitory clause contained in S.497 of Cr.P.C., however it was not a rule of universal application that bail should be allowed in each and every case not falling within embargo of S.497 of Cr.P.C.---Each case has to be seen in the light of its own peculiar fact and circumstances and the Court is not to exercise the discretion in arbitrary, fanciful and perverse manner---Court may refuse to grant bail, where exceptional circumstances exist---Bail petition was dismissed, in circumstances. Citation Name: 2025 YLR 2172 LAHORE-HIGH-COURT-LAHOREBookmark this Case Shoukat Babar Virk VS State S. 497---Bail---Conduct of the accused---Scope---Conduct of an accused, whether previous or subsequent to the current offence, is always relevant under Art.21 of Qanun-e-Shahadat, 1984---Such conduct rendered valuable help to the Courts to ascertain the intention of the accused with which he committed the offence and to determine as to whether he shall repeat the offence or not.

Shoukat Babar Virk vs State S — 2025 YLR 2172 LAHORE-HIGH-COURT-LAHORE

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