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RIAZ AHMAD ANSARI versus STATE


Criminal Procedure Code (CCPC) Section 498 Panel Code (XLV of 1860), Section 409/420/466/467/471 Guarantee, Rs. Advance loan is alleged to be, however, the matters were done legally and against security and no error was found during the audit of the accounts.

1987 PCr.LJ 1219

[Lahore]

Before Ghulam Mujaddid Mirza, J

RIAZ AHMAD ANSARI‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 355/13 of 1983, decided on 19th March, 1983.

Criminal Procedure Code (V of 1898)‑--

‑‑‑S. 498‑‑Penal Code (XLV of 1860), S.409/420/466/467/471‑‑ Bail, grant of‑‑Petitioner charged for having advanced loans amounting to Rs. 4 lacs to certain customers‑‑Petitioner, however, contending that transactions were done in a legal way and against security and no fault found even during audit of accounts‑‑Petitioner allowed bail, in circumstances.

Raja Muhammad Safdar for Petitioner.

ORDER

The petitioner has already been granted ad interim anticipatory bail. The charge against him is that he gave two loans amounting to Rs.4,00,000 to one Anwar Bukhtiar and another.

2. Petitioner's case is that the transactions were done in a legal way and were duly secured. This happened in 1976. Thereafter audit took place twice but no fault was found.

3. The police officer submits that the petitioner has not been joining the investigation since the registration of the case. Co‑accused Anwar Bukhtiar who was first admitted to bail but it was cancelled later on, is absconding.

4. The interim bail allowed to the petitioner is confirmed. He shall join the investigation as and when called upon by the police. In case he does not co‑operate the prosecution will be entitled to move for cancellation of the bail.

5. Since the amount involved is huge one, the petitioner is directed to furnish new bail bond in the sum of Rs.1,00,000 (one lakh) with one surety in the like amount to the satisfaction of D.R. (Judl.) of this Court.

S.G.D./R‑8/L Bail allowed.

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