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

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Hyder Ali VS State S. 497(2)---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---Bail, grant of---Further inquiry---Accusations against arrested applicants "FK" and "FH" were that they issued Banker's cheques without formal customer request; funds of that banker cheque were used for issuance of TDR and they processed the TDR issuance request with single signature of the authorized signatory instead of joint signatures as per instruction of account opening documents, and processed premature encashment without collecting/receiving original TDR certificate from the customer---Record showed that TDR certificate was signed by applicants "HA" and "FK" and the latter posted entry in system---Applicant "FK" also signed on various dates on the back of the cheques---However, as per S.161 Cr.P.C. statement of Investigation Executive (Audit and Inspection Group) National Bank of Pakistan, his computer system/e-mail login credentials were used by "HA"---Hence, the guilt of applicant "FK" required further inquiry as envisaged under subsection (2) of S.497, Cr.P.C---As per S.161 Cr.P.C statement of Investigation Executive (Audit and Inspection Group) National Bank of Pakistan, applicant "FH" acted as per the instructions of "HA"---Mother of applicant "FH" was admitted in hospital in March 2024 and taking advantage of that situation, "HA" obtained his system ID and password to process clearing entries---Hence, the guilt of applicant "FH" also required further inquiry---Bail applications of applicants "FK" and "FH"were allowed, in circumstances.

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

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