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Criminal Bail Application No. 356 of 1981, decided on 21st May, 1981.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.420‑‑Facts showing that offence which accused could be charged would fall under S. 420, P.P.C. a bailable offence‑‑Bail granted.
Akhlaq Ahmad Siddiqui for Applicant.
A. Sattar G. Shaikh, Addl. A.‑G. for the State.
The pattern of the prosecution case appears to be that the accused /applicant had opened five accounts in the Bank. He is stated to have obtained overdraft which, perhaps, is not being recovered. It is further stated that, of the five accounts, three are in the names of firms, which do not exist. On the basis of the Police papers, the learned Additional Advocate‑General has also pointed out a further fact that a son of the accused /applicant had deposited 1,600 U. S. Dollars in that account, and that amount has been misappropriated by the co accused. There is nothing to indicate that the accused /applicant was in conspiracy with the co‑accused, the Manager of the Bank to commit the offence of misapproriation.
On the facts stated, it would appear that the offence, with which the accused /applicant can be charged, would fall under section 420, P.P.C. a bailable offence. The learned Additional Advocate‑General however, requests that, if bail is granted heavy security may be demanded. Mr. Akhlaq Ahmed Siddiqui states that he can furnish security in the sum of Rs.1,00,000 with P.R. and one surety in the like amount.
The applicant shall be released on bail in the sum of Rs. 1,00,000 with P.R. and one surety in the like amount to the satisfaction of then trial Court.
M. Y. H. Bail granted.
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