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MUHAMMAD HANIF versus MUHAMMAD FAYYAZ


The provisions of section 409 of the Banks (Special Courts) Act (IX of 1984), the Constitution of Pakistan (1973), Article 185 (3) were found to be responsible for the loss of the Prize Bonds accused of acting as cashiers in the Bank. He was found missing from his cash. Charges against the sketches were prosecuted against the accused, but the important question is whether the bonds in the award were in charge or under the accused when they were found missing. Evidence suggests that bonds and cash were in special custody of the accused. There was also sufficient evidence to maintain the finding of guilt recorded by the courts and there is no reason to provoke such leave to appeal against the conviction and denial of sentence.

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