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Criminal Miscellaneous No.2343/B of 1987, decided on 21st July, 1987.

---S.497--Penal Code (XLV of 1860), Ss.420, 406, 468 & 409- Prevention of Corruption Act (II of 1947), S.5(2)--Bail, grant of- Accused, a bank employee, charged for misappropriation--Admitted to bail by Special Judge--Accused absconding and failing to appear before Court for a considerable period--Bail cancelled by Special Judge--Accused surrendering himself and applying for pre-arrest bail which was ultimately declined by Special Judge--Prosecution unable to state whether any report was ever received about deliberate or intentional disappearance of accused--Matter relating to accounts and accused's enlargement on bail necessary to enable him to make up his defence to meet. charges--Bail allowed in circumstances.

Ghaus Muhammad Choudhry for Petitioner.

Nazar Hussain Dogar for the State.

--Khurshid Ahmad petitioner has applied for bail in case F.I.R. No.168/78 dated 21-9-1978 P.S.F.I.A. Rawalpindi under sections 420, 406, 409 and 468, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947, Challans Nos.402 to 419 of 1984.

2. As per F.I.R. dated 21-9-1978 the allegations against the petitioner are that he was entrusted with an amount of Rs.40,000/- by different account-holders to deposit in their respective accounts but he did not enter the same in the cash receipt register and instead misappropriated the said amount. During investigation some more instances of misappropriation were detected involving a total amount of Rs.2,11,600/-. Qazi Misbah Uddin another official of the bank was also found involved in the misappropriations alongwith the petitioner.

3. The petitioner was admitted to bail on 27-11-1978 by the learned Special Judge (Central) Rawalpindi. Thereafter, he did not appear before the Court for a considerable period. Later on he himself surrendered and applied for pre-arrest bail which was ultimately declined. He again, applied for bail and on remaining unsuccessful has come to this Court. The main ground which weighed with the learned trial Court in refusing bail to him was his abscondence and becoming fugitive from law.

4. It is contended on behalf of the petitioner that after the grant of bail he had fallen sick and had gone abroad for treatment and did not receive any notice or intimation from the Court requiring him to appear. His wife who was available here was also not informed and that on his return to Pakistan he himself surrendered before the Court. It is stated that had he any intention of becoming fugitive from law he would not have himself surrendered and appeared before the Court. It is next submitted that he is behind the bars since 8 months and the trial has not commenced as yet. It is stated that if given an opportunity he would prove to the entire satisfaction of the trial Court that his absence was not deliberate or wilful. Qazi Mishab Uddin the other co-accused is stated to have already been released on bail by the trial Court. Learned counsel appearing on behalf of the petitioner states that the case is based on false allegations and 4is colleagues have thrown the entire blame on him and he was not solely responsible for the alleged defalcations. An undertaking has been given on his behalf to take up the matter with the Bank authorities for the settlement of accounts and to pay off the outstanding amount, if any.

Learned counsel appearing on behalf of the State has not been able to state as to whether any proceedings under section 87/88, Cr.P.C. were initiated against the petitioner or whether any report was ever received about deliberate nr intentional disappearance of the petitioner.

5. Since it is a matter of accounts, therefore, in order to enable the petitioner to make up his defence and meet the charge, we consider him entitled to bail and order accordingly. He shall be released on bail in all the challans on furnishing security in the sum of Rs.5,00,000/- (five lac) with two sureties in the like amount to the satisfaction of Registrar of the trial Court.

M.Y.H. K-34/L

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