| Case ID |
14ce997f-ebfb-4dfb-beca-c9d0533c9247 |
| Body |
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| Case Number |
Cr. Bail Application No. 330 of 2017 |
| Decision Date |
Jul 04, 2017 |
| Hearing Date |
Jul 04, 2017 |
| Decision |
The application for pre-arrest bail was dismissed by the Sindh High Court. The court noted that while the applicant was not directly hit by the prohibitory clause in section 497(1) of the Criminal Procedure Code, the evidence presented indicated prima facie involvement in serious allegations of fraud, forgery, and manipulation of company funds. The court emphasized that the applicant's role as a Chief Financial Officer and co-signatory of cheques linked him to the alleged white-collar crime. Additionally, the court found no evidence of mala fide intentions by the prosecution or the complainant, leading to the conclusion that extraordinary relief in the form of bail was not warranted under the circumstances. |
| Summary |
In the case of Iftikhar Gadar vs. The State, the Sindh High Court addressed a bail application concerning serious allegations of financial misconduct, including fraud and forgery. The applicant, Iftikhar Gadar, a Chief Financial Officer, was accused of manipulating company accounts in connivance with others, leading to substantial financial losses for the complainant. The court examined the evidence, including an audit report that depicted fraudulent activities, and concluded that the applicant's role as a co-signatory of cheques linked him to the alleged crimes. Despite arguments for bail based on the lack of direct accusations in the FIR, the court found sufficient prima facie evidence supporting the prosecution's case, dismissing the bail application. This case highlights the complexities of financial crime allegations and the stringent requirements for obtaining pre-arrest bail in such circumstances. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ADNAN-UL-KARIM MEMON
|
| Lawyers |
Faraz Fahim,
Masood Ali Memon,
Muntazir Mehdi,
Kashif Hanif
|
| Petitioners |
Iftikhar Gadar
|
| Respondents |
The State
|
| Citations |
2018 SLD 1119,
2018 YLR 672
|
| Other Citations |
Saeed Ahmed v. The State 1996 SCMR 1132,
Dr. Asim Hussain and others v. The State 2017 PCr.LJ 631,
Shahid Hussain v. National Accountability Bureau and others 2015 PCr.LJ 883,
Nasir Abbas Soomro v. The State 2011 YLR 1236,
Muhammad Inam Ali v. The State and another 2011 PCr.LJ 323,
Shakir Hussain v. The State PLD 1956 SC 417,
Muhammad Bux v. The State PLD 1956 SC 420,
The State v. Shakoor Hashim Patel and others PLD 1960 W.P. Kar. 926
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
408,
420,
468,
471
|