Citation Name: 2025 YLR 402 KARACHI-HIGH-COURT-SINDHBookmark this Case Azharullah vs State S

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Citation Name: 2025 YLR 402 KARACHI-HIGH-COURT-SINDHBookmark this Case Azharullah VS State S. 498---Penal Code (XLV of 1860), S. 408---Criminal breach of trust by a clerk or servant---Pre-arrest bail, refusal of---Allegation against the petitioner was that he being an employee of a company, misappropriated an amount of Rs.1,600,000/----As per the challan, the practice was that the company would give cash to the accused-petitioner for making a pay-order from Bank in favor of Medical College which would then be delivered by him to Medical College, who would then issue a receipt for the same which would be submitted by the accused-petitioner to the company---Investigation revealed that the accused-petitioner used the copy of one genuine pay-order as a specimen to fabricate copies of other pay-orders purportedly issued by Bank made payable to Medical College, and then also forged acknowledgment receipts of the Medical College which he submitted to the company to show that the pay-order was received by Medical College---Allegation was that he pocketed the cash meant for the pay-orders---Out of the four pay-orders sent by the Investigating Officer to the Bank for verification, only one was found to be genuine i.e. the one which the accused-petitioner used as a specimen to fabricate others---Fact that all the said pay-orders bore the same stationary number supported the allegation of forgery---Medical College had also denied issuing receipts for the forged pay-orders---Prima facie there was no reason to disbelieve at present stage the allegation that the accused-petitioner committed the offences alleged---Submission of the petitioner's counsel that the accused had been made a scapegoat by the lower staff of the company did not appear to be convincing---No mala fides had been attributed to the bank or to Medical College whose statements tended to support the alleged offences---Fact that offences alleged did not fall with the prohibitory clause of S.497, Cr.P.C, was not the only consideration for granting pre-arrest bail---Accused-petitioner was not able to demonstrate any malafides underlying the FIR which remained the primary test for the grant of pre-arrest bail---Accused-petitioner had not made out a case for pre-arrest bail---Bail application was dismissed accordingly.

Citation Name: 2025 YLR 402 KARACHI-HIGH-COURT-SINDHBookmark this Case Azharullah vs State S — 2025 YLR 402 KARACHI-HIGH-COURT-SINDH

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