WAQAR AHMAD SETH, J.---Accused-petitioner Irfan son of Muhammad Aman, had applied for his release on bail before Additional Sessions Judge-III, Peshawar, which was declined to him vide order dated 23.11.2015. So now has approached this Court for his release on bail.
2. Briefly stated facts of the case are that accused-petitioner Irfan on 27.08.2012 had opened personal account bearing No. 0120005379 at Allied Bank Ltd, Shakas Wazir Dand Khyber Agency and according to account form accused-petitioner is the proprietor of Korea Kambal (Blanket), whole sale dealer. Huge turnovers in the account had been noticed. The said account was closed on 16.05.2013, but during said period total debit/credit activity were recorded which was more than 416 million, which does not commensurate with the given details and also not found registered with FBR. The concerned bank officials also failed to provide any plausible explanation, hence on receipt of FMU letter No.Ref #. FMU/A&D/469/2014 dated 13.02.2014, an enquiry No.06/2014 was registered and upon investigation the FIR No. 43/2015 dated 13.03.2015 under sections 419/420/409/109, P.P.C.
Read with 3/4, A.M.L. Act, 2010, was registered.
3. I have heard the learned counsel for the accused-petitioner as well as the learned counsel for the State and have also gone through the record of the case with their able assistance.
4. I have given my anxious consideration to the arguments advanced by both the learned counsel for the parties, however if at this stage their respective contentions are discussed, I am afraid that it may not prejudice the case of either side. The main allegation against the accused-petitioner is that he opened personnel account and used the same for commercial activities and exorbitant transactions have been made. The using of personnel account for commercial business and transaction of huge amount whether earned through illegal or legal means and non-availability of NTN number on FBR Website and acceptance of account form by the banking authorities and after closing of account by the accused-petitioner, referring the matter to Director FIA, all these material available on record would be decided during trial after recording of evidence.
5. Furthermore, the accused-petitioner remained in custody for investigation but no incriminating in the shape of confession has been brought on record. Investigation in the case is complete and he is no more required to the prosecution, therefore, keeping him in judicial lockup would serve no useful purpose.
6. Resultantly, this bail petition is allowed, accused-petitioner is ordered to be released on bail provided he furnishes bail bonds in the sum of Rs. 5,00,000 (five lacs) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate, who shall ensure that the sureties are local and men of means.
7. These are the detailed reasons of my short order dated.
Sd/- Waqar Ahmad Seth, J Cr. M. No. 190-P of 2015 in Cr. M. B.A. No.2231-P of 2015 Arshad Hussain Yousafzai for Petitioner.
Date of Order: 14-12-2015.
WAQAR AHMAD SETH, J.---It is asserted in the application that Cr. M./B.A. No.2231-P of 2015 for bail was allowed by this Court vide judgment dated 11.12.2015, but inadvertently section 409, P.P.C. Was not mentioned in the bail application, which resulted into refusal by jail authorities to release petitioner from jail. As the petitioner has already been granted bail by this Court on 11.12.2015 under sections 419/420/109, P.P.C. Read with section 3/4, AML Act, 2010, the petitioner is also allowed bail under section 409, P.P.C., which shall be as part of the main bail order. The petition is accepted accordingly.