| Case ID |
17389e51-f831-45ae-a386-57c1195e82ad |
| Body |
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| Case Number |
Criminal Miscellaneous Applications Nos. 277 and 2 |
| Decision Date |
Nov 10, 2010 |
| Hearing Date |
|
| Decision |
The High Court upheld the trial court's decision to grant bail to the accused, Yasir Bin Muhammad, while emphasizing that the surety amount of Rs. 41.5 million was in accordance with the provisions of Section 5(7) of the Offences in Respect of Banks (Special Courts) Ordinance, 1984. The court noted that the complainant had previously not sought cancellation of bail on merits, and therefore could not do so in this round of litigation. The arguments presented by both the applicant and the complainant were thoroughly considered, and the court found no grounds to interfere with the trial court's decision. Consequently, both criminal miscellaneous applications were dismissed. |
| Summary |
This case revolves around the bail application of Yasir Bin Muhammad, who was accused of financial misconduct involving a substantial amount of money misappropriated from the Cosmopolitan Branch of Standard Chartered Bank Karachi. The trial court initially granted bail with a surety of Rs. 75 million, which was later reduced to Rs. 41.5 million. The complainant argued that the surety amount should reflect the gravity of the charges against the accused, referencing Section 5(7) of the Offences in Respect of Banks (Special Courts) Ordinance, 1984. The High Court ultimately upheld the trial court's decision, stating that the bail granted was within the legal framework and that the complainant had not pursued cancellation of bail on substantive grounds earlier. This case highlights the intricate balance between the rights of the accused and the responsibilities of financial institutions to prevent fraud, making it a significant reference in future legal discussions regarding bail and financial accountability. |
| Court |
Sindh High Court
|
| Entities Involved |
Cosmopolitan Branch Standard Chartered Bank Limited Karachi,
Deputy Director FIA
|
| Judges |
GULZAR AHMED,
IMAM BUX BALOCH
|
| Lawyers |
Syed Mehmood Alam Rizvi,
Muhammad Ashraf Kazi
|
| Petitioners |
YASIR BIN MUHAMMAD AND ANOTHER
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2011 SLD 1202 = 2011 YLR 1446
|
| Other Citations |
Akmal Masih v. Salamat Masih and 4 others 1988 SCMR 918,
Shamsurrehman v. Muhammad Rafiq and another PLD 1997 Isar. 194,
Dil Murad v. Muhammad Aslam and 6 others 1996 PCr.LJ 745,
Rana Iftikhar Ahmed v. Munir Khan and another 1997 MLD 2541,
Ghulam Rasool v. Zafar Igbal and another 1996 PCr.LJ 276,
Muhammad Ilyas, Chief Manager/Attorney, Allied Bank Ltd. v. Shahid Ullah and others PLD 2009 SC 446,
Sikandar Abdul Karim v. 'The State 1998 SCMR 908,
Rahimuddin v. The State 1991 PCr.LJ 2188,
Syed Lakhat-e-Hasnain v. State 2010 SCMR 855
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)
|
| Sections |
497(5),
109,
409,
420,
468,
471,
477A,
5(7)
|