Through this common order we intend to decide the instant petition filed by the petitioner Mubeen Ahmad Qureshi seeking pre-arrest bail as well as connected Crl. Misc. No.1172-B of 2018 filed by Qamar-uz-Zaman filed under Section 497, Cr.P.C. seeking post-arrest bail both in case FIR No.25 dated 22.12.2017, in respect of offences under Sections 109, 409, 420, 467, 468, 471, P.P.C. read with Section 5 of the Prevention of Corruption Act of 1947 registered at Police Station, FIA/CBC, District Multan.
2. Brief allegation, against the petitioners as contained in the crime report, is that petitioner Qamar-uz-Zaman in connivance with Mubeen Ahmad Qureshi and others has misappropriated huge amount of different account holders maintained in National Bank of Pakistan Timber Market Branch, Multan. Hence, this case was registered.
3. We have heard learned counsel for the petitioners, learned Deputy Attorney General for Pakistan appearing for the State assisted by learned counsel for the complainant and have perused the record with their assistance.
4. Learned counsel for petitioner Mubeen Ahmad Qureshi has presented a copy of bail granting order dated 07.03.2018 passed by this Court in Crl. Misc. No.1106-B of 2018, whereby pre-arrest bail of co-accused Tariq Javaid has been confirmed by this Court, who was having exactly identical role to that of the present petitioner as the petitioner is not named in the crime report in any capacity whatsoever and during investigation he was saddled with some responsibility of facilitating co-accused Qamar-uz-Zaman to misappropriate the huge amount of different account holders in the National Bank of Pakistan Timber Market Branch, Multan. Learned Law Officer and learned counsel appearing on behalf of the Bank have shown grace and frankly conceded that the petitioner's role is not distinguishable to that of co-accused Tariq Javaid and, thus, having into account the golden principle of rule of consistency, the petition is allowed and the concession, of ad-interim pre-arrest bail already granted to petitioner Mubeen Ahmad Qureshi vide order dated 27.02.2018 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs.5,00,000/- (rupees five hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
5. So far as the role of Qamar uz Zaman is concerned he had received the cheques of different account holders, filled them with an amount of his own handwriting encashed them, received the amount of his own and then handed it over to the customers. He has been alleged to have received cash from different account-holders and without depositing the same into their account, given them bogus receipts. He was further alleged to have filled the cheques with higher amounts and in connivance with other officials of the Bank encashed the cheques and, thus, he had misappropriated huge amount of different account holders and deprived them from their valuable amounts. The receipts and the cheques filled by him, which had earlier been denied by him, were submitted to the handwriting expert and report thereof has been received with positive result showing that all these receipts and cheques have similar credentials having been issued by the petitioner. Prima facie sufficient material is available with the prosecution to connect the said petitioner with the alleged crime. The receipts issued against the amount got deposited by the different account-holders have been found containing original stamps of bank but the said amount had not been deposited in their respective accounts by the petitioner. Different account- holders, in their statements recorded under Section' 161, Cr.P.C. had named the petitioner being the sole culprit, who had filled the cheques, deposited their amounts and had given forged receipts to them. Having overwhelming evidence available with the prosecution the petitioner cannot be given relief sought for at this stage and, thus, he is not entitled to the relief claimed for.
6. For, what has been discussed above, Crl. Misc. No.1172-B-2018 is without any merit, the same stands dismissed.