| Case ID |
228ac181-aa64-4ae8-a467-b302ab2faba0 |
| Body |
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| Case Number |
Bail Application No.1450 of 2020 |
| Decision Date |
Oct 07, 2020 |
| Hearing Date |
Oct 07, 2020 |
| Decision |
The Sindh High Court denied the pre-arrest bail application of the petitioner, who was accused of criminal breach of trust under section 408 of the Penal Code. The court found that the petitioner had transferred a significant sum of money to his own account while being an employee of the complainant's company, which substantiated the allegations against him. The court emphasized that the applicant failed to demonstrate any mala fide intent from the complainant or the police, and thus, the bail application was dismissed. The earlier granted interim bail was recalled, and the case was directed to proceed in accordance with the law. |
| Summary |
In the case of Bail Application No.1450 of 2020, the Sindh High Court addressed the petitioner's plea for pre-arrest bail concerning accusations of criminal breach of trust under section 408 of the Penal Code. The petitioner argued their innocence, claiming to have been falsely implicated due to a civil dispute with the complainant. However, the court found substantial evidence indicating that the petitioner had transferred a large sum, specifically Rs.62,78,699, to their personal account, which was meant to be refunded to the complainant's company. The court highlighted the importance of establishing mala fide intentions on the part of the complainant or law enforcement for granting pre-arrest bail, which the petitioner failed to do. Consequently, the court dismissed the bail application, citing that the applicant did not present a case warranting further inquiry and recalled the interim bail previously granted. This case underscores the stringent requirements for pre-arrest bail and the necessity for clear evidence of wrongful intent in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs Seagull Shipping and Logistic (Pvt.) Limited,
Mansoor Chemical Company
|
| Judges |
AMJAD ALI SAHITO,
WASEEM AKHTAR
|
| Lawyers |
M.R. Sethi,
Umar Farooq,
Muhammad Iqbal Awan
|
| Petitioners |
|
| Respondents |
THE STATE
|
| Citations |
2022 SLD 648,
2022 MLD 358
|
| Other Citations |
Rana Abdul Khaliq v. The State and another 2019 SCMR 1129,
Umar Khubaib v. The State and 2 others (2016 PCr.LJ 535),
Shahid Imran v. The State and others (2011 SCMR 1614),
Arif Barlas v. The State (2006 PCr.LJ 202),
Muhammad Inam Ali v. The State and another (2011 PCr.LJ 323),
Muhammad Gulzar v. The State (2005 YLR 1645),
Gulshan Ali Solangi and others v. The State (2020 SCMR 249),
Muhammad Siddique v. Imtiaz Begum and 2 others (sic)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
408
|