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Criminal Bail Applications Nos. 109 and 110 of 1981, decided on 16th March, 1984.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 419, 420, 468 & 471/34‑ Prevention of Corruption Act (11 of 1947), S.5(2)‑‑Bail‑‑Case against accused based on documentary evidence and likely to take some time‑ Question of his absconsion also subject to scrutiny and reasonable grounds existing for further inquiry in that respect‑‑Bail allowed.

Akhlaq Ahmad Siddiqui for Applicant.

A.S. Shaikh, A.‑A.G. for the State.

The learned Additional A.‑G. submits that he has not been able to get the police papers and also is not able to get the services of I.O. for instructions. He has however no objection for hearing of the matter, since the R & P of the case has been received.

The prosecution case is that a bogus account in the fictitious name of Mr. Khalid Hussain was opened with the United Bank Limited, Garden Branch, Lawrence Road, Karachi. Later on a foreged cheque for Rs.4,875 was deposited into this account and sent for clearance to another branch of the National Bank of Pakistan, Defence Society Branch operated by Brigadier Khizr Hayat Khan. The cheque was passed for payment and the credit of the said amount was passed by United Bank Limited, Garden Road Branch in June, 1972, in the fictitious account of Khalid Hussain from where the amount was subsequently withdrawn, on 2nd and 3rd June, 1972. During the investigation the applicant was called and his handwriting and signatures were obtained on 15‑10‑1973 for obtaining the opinion of the handwriting expert. Thereafter, the applicant is stated to have absconded and was arrested in December, 1980. Proceedings under section 512, Cr.P.C. were also completed against the applicant. The applicant is required in two cases. The amount in each case is of Rs.4,875 and Rs.9,927, respectively. The charge‑sheet submitted against the applicant is under sections 419, 420, 468, 471/34, P. P. C. read with section 5 (2) of Act II of 1947.

The case is based on documentary evidence and it is likely to take some time. The question of absconsion of the applicant is also subject to scrutiny. I find there are reasonable grounds for further inquiry in that respect. The applicant is allowed bail in the sum of Rs. 25,000 (Rupees twenty‑five thousand only) in each case and he has to furnish solvent sureties and P.R. bond in the like amount to the satisfaction of the trial Court.

M. Y. H. Bail granted.

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