Hyder Ali vs State S — 2026 PCrLJ 938 KARACHI-HIGH-COURT-SINDH

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Hyder Ali VS State S. 498-a---Penal Code (XLV of 1860), Ss. 409, 420, 468, 471 & 34---Criminal breach of trust by public servant, cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of a forged document as genuine, common intention---ad-interim pre-arrest bail, recalling of---allegations against the petitioner "Ha" was that he being Ex-Branch Manager along with his other accused persons embezzled and misappropriated bank funds to the tune of Rs. 22,093,210/=---Prima facie, it appeared from the record that applicant "Ha" by abusing his branch managerial position fraudulently and deceitfully prepared and issued fake request letter, dated 28.03.2024; encashed prematurely a TDR made encashment of cheques received in Branch on account of tax payment and siphoned out the same by various internal/ customer accounts, which acts of the said applicant, inter alia, fell within the ambit of "criminal breach of trust by banker", "forgery for the purpose of cheating" and "using as genuine a forged document which was known to be forged", punishable under Ss.409/468/471, P.P.C.---Said applicant appeared to be the beneficiary of alleged crime proceeds in collusion with his friend, absconding accused---applicant had not been able to point out any special feature of the case entitling him to grant of extra ordinary concession of pre-arrest bail---accused approaching the Court of law for grant of anticipatory bail was required to show that he was falsely implicated for extraneous consideration and there were ulterior motives behind his apprehended arrest---accused person becomes entitled for this concession on fulfillment of those conditions---applicant had remained unable to persuade that he had no concern with the alleged offence---Hence, in the instant case the pre-requisites for such concession i.e. malice and ulterior motives either on the part of the complainant or the police were conspicuously missing---From the tentative assessment of the evidence on record, it appeared that the prosecution had sufficient material against the applicant to connect him with the commission of alleged offence carrying punishment of imprisonment for life, or imprisonment for ten years---No case for granting bail to applicant on the ground of further inquiry had been made out---Every hypothetical question which could be imagined would not make it a case of further enquiry simply for the reason that it could be answered by the Trial Court subsequently after evaluation of evidence---Claim of said applicant with regard to false implication was an issue that could not be attended without going beyond the scope of tentative assessment, an attempt prohibited by law---Hence, pre-arrest bail application was dismissed, accordingly, by recalling interim bail order granted earlier to the applicant.

Hyder Ali vs State S — 2026 PCrLJ 938 KARACHI-HIGH-COURT-SINDH

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