' IJAZ AHMAD, J.---The petitioner seeks cancellation of by learned Special Judge Central, Rawalpindi, vide order, dated 29-3-2010 to Ghulam Syedian Rizvi/respondent No,1, one of the accused in case F. I. R. No, 4, dated 2-2-2010 registered under sections 420/ 409/468/471 and 109, P.P.C. Read with section 5 of the P.C. Act-II of 1947, at Police Station F . I . A . Crime Circle, Rawalpindi.
2. The allegation contained in the F.I.R. Is that Muhammad Qamar, Dispenser of Holy Family Hospital, Rawalpindi/co-accused managed to prepare fake cases of Hepatitis-C patients worth millions of rupees and presented the same before the Managing Director Bait-ul-Maal for approval. On enquiry, these cases were found bogus. Initial scrutiny of medical treatment cases uncovered a pandora's box of ill-deeds of the racket. Rs.83,16,400/- were found embezzled till the lodging of the F.I.R.
3. It is contended by learned counsel for the petitioner that Pakistan Bail-ul-Maal launched a scheme for providing financial assistance all over Pakistan to the deserving poor patients for treatment of Hepatitis-C and other epidemic diseases; Muhammad Qamar/co-accused, Dispenser of the Holy Family Hospital, Rawalpindi used to procure CNICs of the people and prepared fake patients' cases, which were placed for scrutiny before respondent No,1, the Accounts Officer of the Holy Family Hospital, Rawalpindi, then they were forwarded to the Medical Superintendent/ co-accused, and thus, the hospital officials and owners of the medical stores conjointly misappropriated a huge amount that till-today has mounted to Rs. 1,40,00,000/ which was withdrawn through 40-uncrossed open cheques; and that 15-persons whose CNICs were misused appeared before the I.O. Concerned and stated that they never applied for P.B.M. Finance Assistance for their treatment. The learned counsel for the petitioner draws attention of this Court to the Instructions issued for the Government Hospitals to avail assistance from Bait-ulMaal for medical treatment, which postulate the constitution of a Committee comprising of the concerned Consultant, Budget and Accounts Officer (who is the respondent No,1), the pharmacist and the Medical Social Officer; that rules 57 and 157 of the Revised Treasury Rules for the year 2007 relate to responsibility of respondent No,1 and mode of payment through cheques drawn in favour of the Corporate or Local Bodies Firms or private persons for payment of Rs.200/- and above. Such cheques have to be crossed in favour of the payee. The alleged transaction through uncrossed cheques' betrays, carefully meditated an act designed to bring a fiasco to the P.B.M. Finance Scheme and to slash the public exchequer; and that some of the cheques were executed in favour of the pharmaceutical firms which did not exist at all.
4. On the other hand, this petition is opposed by the learned counsel for respondent No,
1. He contends that the respondent has played no role in the alleged embezzlement of the money. His function is to simply, initial the cheques and he acts only as a postbox between the Accounts Clerk, who prepares the cheques, and the Medical Superintendent; and that there is no allegation of real financial corruption against respondent No,1; that once the bail has been granted it should not be cancelled in ordinary circumstances and nothing has to be recovered from possession of respondent No,l.
5. I have heard learned counsel for the parties and have also gone through the record. The case is hand is not that of an individual wrong or delinquency. The complainant had launched a scheme to help the poor patients of Hepatitis-C and other epidemic diseases. All the accused acting in premeditated style and nicely arranged a combination have not only conjointly looted the public exchequer but have also deprived the languishing poor patients of their last hope for being treated for high cost epidemic diseases and have, thus facilitated the proliferation of these horrific diseases. Respondent No,1 and other officials of the Hospital in gross violation of the procedure, made payments against the fake memos. The required medicines could only be purchased by the recommended medical stores from two specified Pharmaceutical Companies, which provided the medicines at subsidized rates to Bait-ul-Maal patients. The accused made fake purchases from unauthorized dealers. Although the offences mentioned in the F.I.R. Do not fall within the prohibitory clause of section 497, Cr.P.C. Yet the crime committed by respondent No,1 and co-accused is so heinous, intricately woven, minutely premeditated that no leniency by grant of bail could be extended to them. Respondent No,1 cannot deny his responsibility as an Accounts Officer from the whole affair. He is individually and vicariously liable for the alleged offence.
6. For what has been discussed above, the post-arrest to respondent No,1 by the learned Special B Judge, Central, Rawalpindi, vide order dated 12-3-2010 is cancelled. ,This application is accepted.
7. The observations made in this order are tentative, the same shall not prejudice the trial Court.