' MUNIR AHMED CHAUDHARY, J.---This revision petition has been filed against the order of Sessions Judge Mirpur dated 31-1-2014, through which a bail application filed by the present petitioner was refused in the offences under sections 419, 420, 467, 468, 471 and 489-F APC and the order of Senior Civil Judge/ Judicial Magistrate Mirpur regarding cancellation of bail application of the petitioner was upheld.
2. Brief facts of the case are that the complainant Tariq Mehmood presented a written report to SHO Police Station Thothal, stating therein that the complainant runs the business of Rent-A Car.
The complainant purchased IDs many times from Zahid Ilyas son of Muhammad Ilyas caste Kashmiri r/o Staff Colony, Ziaul-Haq Satti son of Bashir Satti and Adeel Asif Butt son of Muhammad Asif Butt R/o Staff Colony who had opened an office in the name of "Nexus On Line" in Aziz Plaza situated at Mian Muhammad Road Mirpur. The said persons used to sell Ids. Later on, the complainant came to know on 23-8-2013 that the said persons are doing illegal business without registration and they have established their own business by using the site of Click and Click Company illegally and fictitiously. The complainant demanded back his amount from the said persons and Zahid Ilyas with consultation of Zia-ul-Haq Satti and Adeel Asif Butt issued a cheque amounting to Rs,32600600 of Soneri Bank on 23-8-2013 and made a commitment that the said cheque will be drawn on 3-10-2013. Zia-ul-Haq Satti was Chief Executive, Zahid Ilyas was Regional General Manager and Adeel Asif Butt was Operation Manager of the "Nexus On Line" while Aamir Taj Satti, Anwar Satti, Zahir Asif Butt, Navid Butt and Muhammad Asif are the persons who were accomplice in the fraud. The before mentioned cheque was dishonoured by the bank. So, all the persons mentioned-above sold the said IDs fictitiously and fraudulently and deprived the complainant from a huge amount. It was prayed to take legal action against the said persons.
3. A case was registered under F.I.R. No,210 of 2013 in the offences mentioned above. The present petitioner was arrested. An after-arrest bail application was moved by the petitioner before Senior Civil Judge/Judicial Magistrate Mirpur. After hearing the parties, the learned Magistrate dismissed the bail application. The petitioner approached the court of Sessions Judge Mirpur from where his bail application was also dismissed. The present petitioner preferred the instant revision petition before this court.
4. Arguments were advanced by the learned counsel for the parties. Raja InamUllah Khan Advocate, the learned counsel for the petitioner argued that the petitioner was an employee of the Company "Nexus On Line" who was removed from his service about three months before the impugned cheque was issued. The said cheque was issued by Zahid Ilyas who was Regional General Manager of the Company. It is a matter of a further inquiry that what was the role of the petitioner regarding commission of the said offences? The petitioner has been sent to judicial lockup and he is no more required for investigation purpose. No recovery has to be made from the petitioner. The petitioner disassociated the said company on 18-5-2013 through a proclamation in the newspaper. The petitioner has no concern with commission of the said offences. The learned counsel requested to release the petitioner on bail.
5. While controverting the learned counsel for the petitioner, Mr. Muzaffar Ali Zafar, the learned Additional Advocate General contended that the petitioner was nominated in the First Information Report and his role in the commission of offences has been described clearly. The offences are non-bailable and the petitioner does not deserve to be released on bail.
5A. After hearing the learned counsel for the petitioner and the learned Additional Advocate General, I have gone through the record carefully and minutely. The record reveals that the petitioner is a close relative of Muhammad Bashir Satti, Anwar-ul-Haq Satti and Zia-ul-Haq Satti who are owners of the Company "Nexus On Line". The petitioner remained Regional General Manager of the company and a partner as well. The petitioner has been nominated in the First Information Report and his role has been clearly described in the police record. Two luxury cars Mercedez of worth Rs,10 lacs and Lamozine of worth Rs,28 lacs and other costly items were recovered from him. The petitioner has been shown a resident of Rawalpindi but the record reveals that he had opened his accounts in different banks at Mirpur. The statements of the said banks show that the petitioner used to have heavy transactions of amounts through banks. Many visa cards and credit cards were recovered from him. The petitioner has stated at the time of recovery of the said items that the amount utilized for different items was regarding IDs sold to different persons at Mirpur. The record also reveals that the petitioner played an important role in commission of the said offences with connivance of other partners of the company. Although, the petitioner disassociated himself from the said company but the circumstances of the case clearly implicate him in commission of the said offences.
6. Moreover, the offences mentioned in the First Information Report are non-bailable. The prosecution witnesses have implicated the petitioner along with other co-accused persons regarding embezzlement of crores of rupees from the innocent citizens of AJ&K through an illegal and fraudulent business. A huge amount of the citizen has yet to be recovered from the petitioner and other co-accused persons. The petitioner was a partner and momentous office holder of a company during the period when the said IDs were sold and crores of rupees were obtained from the innocent people fraudulently with an attraction of a heavy interest.
' In the light of circumstances mentioned above, the petitioner/accused does not deserve any relaxation of granting bail to him yet. The instant revision petition stands dismissed.