| Case ID |
2686e2f3-8e78-4964-bde5-7762f9f8c839 |
| Body |
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| Case Number |
Criminal Miscellaneous Nos.10404/B of 2006 and 945 |
| Decision Date |
Feb 28, 2007 |
| Hearing Date |
|
| Decision |
The court dismissed the bail petitions of Muhammad Ishaq Saqi and Adnan Saqi. The decision was influenced by the extensive nature of the fraud detected, which exceeded Rs.9 crore, and the cruel manner in which the national exchequer was plundered. The court emphasized that the mere absence of a prohibitory clause under section 497(1) of the Criminal Procedure Code does not automatically entitle an accused to bail. The court noted the involvement of the petitioners in a well-orchestrated scheme to defraud the government through fraudulent refund claims, highlighting the creation of fictitious companies and submission of bogus documentation. Given the gravity of the allegations, the court determined that granting bail would not be appropriate. |
| Summary |
In the case of Muhammad Ishaq Saqi v. The State, the Lahore High Court dealt with serious allegations of fraud involving the Sales Tax Act, 1990 and the Criminal Procedure Code. The petitioners, Muhammad Ishaq Saqi and Adnan Saqi, were accused of orchestrating a scheme that defrauded the government of over Rs.9 crore through fraudulent sales tax refund claims. The court found that the petitioners had established fictitious companies and submitted false documentation to claim refunds, thereby severely impacting the national exchequer. The court ruled against granting bail, emphasizing the seriousness of the charges and the need to protect public funds. The decision reinforces the principle that the severity of the crime can outweigh procedural rights to bail, particularly in cases involving financial misconduct against the state. The ruling serves as a critical reference for future cases involving economic crimes and bail applications. |
| Court |
Lahore High Court
|
| Entities Involved |
Messrs Wasif Enterprises,
Messrs R.J. Traders,
Messrs Karachi Textile,
Messrs Sheikh Tanners
|
| Judges |
M. Bilal Khan, J
|
| Lawyers |
Dr. A. Basit,
Mian Muhammad Abbas,
M. Nawaz Cheema
|
| Petitioners |
Muhammad Ishaq Saqi,
Adnan Saqi
|
| Respondents |
The State
|
| Citations |
2006 SLD 305,
2006 PCRLJ 927,
2007 PTCL 400
|
| Other Citations |
Tariq Bashir and 5 others v. The State PLD 1995 SC 34
|
| Laws Involved |
Sales Tax Act, 1990,
Criminal Procedure Code (V of 1898)
|
| Sections |
497,
8,
2(37),
6,
7,
33,
33(13),
73,
11(2),
34,
33(4),
22(1),
23(1),
26(1),
497(1),
33(5),
37,
33(19),
33(11),
37A,
37B,
10(1),
33(3),
3(1)(a),
4(a),
33(16),
33(17),
33(18)
|