| Case ID |
3cb945e3-adf7-4354-8421-1d7eb3699856 |
| Body |
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| Case Number |
Criminal Bail Applications Nos. 1028 and 1142 of 2 |
| Decision Date |
Nov 03, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the bail applications of Muhammad Haseeb Khan and Syed Hashim Raza Rizvi, concluding that there were reasonable grounds to believe that both applicants had committed the alleged offences involving significant embezzlement of government funds. The court found that specific roles were assigned to each applicant in the FIR, and substantial evidence was presented, including computer-generated receipts and challans that had not been deposited into the government exchequer. The court emphasized that the possibility of further inquiry does not suffice to justify bail, especially given the serious nature of the allegations against the applicants. The decision stressed the importance of accountability for public servants in cases of financial misconduct. |
| Summary |
In the case involving Criminal Bail Applications Nos. 1028 and 1142 of 2011 at the Sindh High Court, the court addressed serious allegations of embezzlement against the applicants, Muhammad Haseeb Khan and Syed Hashim Raza Rizvi. The case revolved around the misappropriation of funds collected by the Excise and Taxation Department, which were supposed to be transferred to the National Bank of Pakistan. The court deliberated on various legal provisions, including the Criminal Procedure Code and the Prevention of Corruption Act, while emphasizing the need for stringent measures against public servants who breach trust. The decision underscored that the applicants had specific roles in the alleged crimes, and the evidence presented indicated a clear connection to the offence, leading to a refusal of bail. The ruling also called for expedited trial proceedings given the significant financial implications of the case, highlighting the importance of judicial efficiency in matters of public interest. |
| Court |
Sindh High Court
|
| Entities Involved |
National Bank of Pakistan,
Excise and Taxation Department
|
| Judges |
GULZAR AHMED,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Ms. Ismat Mehdi,
Shahab Sarki,
Khaleeq Ahmed,
Ashiq Raza
|
| Petitioners |
MUHAMMAD HASEEB KHAN,
SYED HASHIM RAZA RIZVI
|
| Respondents |
THE STATE through FIA CBC, Karachi
|
| Citations |
2012 SLD 1342,
2012 PCRLJ 1
|
| Other Citations |
Chaudhry Shujat Hussain v. The State 1995 SCMR 1249,
Wasi Ahmed v. The State 2010 YLR 2299,
Inamul Haque v. The State 2000 YLR 289,
Tariq Hashmi v. The State 2010 YLR 563
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984),
Prevention of Corruption Act, 1947,
Pakistan Penal Code, 1860
|
| Sections |
497,
497(2),
5(6),
5(2),
409,
420,
468,
471,
477A/34
|