Through this common order , we propose to decide the titled petition filed by petitioner . Mirza Fakhar Zaman seeking pre-arrest bail alongwith the following petitions:-- Crl. Misc. No. 35430-B/2020 filed by Shahzad Hassan seeking pre-arrest bail.
Crl. Misc. No. 19838-B/2020 filed by Muhammad Ayaz Mufti seeking post arrest bail.
Crl. Misc. No. 46544-B/2020 filed by Muhammad Umar seeking post arrest bail.
Crl. Misc. No. 38541-B/2020' filed by Abdul Qadir seeking post arrest bail.
All the above-mentioned petitions are arising out of case FIR No. 50 dated 22.4.2019, in respect of offence under Sections 419, 420, 467, 468, 477-A & 34, PPC, Section 5(2) of the Prevention of Corruption Act, 1947, Section 23 of the Foreign Exchange Regulation Act, 1947 and Section 4 of the Anti-Money Laundering Act, 2010, registered at Police Station, FIA Cyber Crime Circle, Lahore.
2. Precisely , the allegation against the petitioners is that they, in connivance with their co-accused including the bank employees, got opened trade import bank accounts of fifty-one importers/customers of Habib Bank Ltd., Lake Road Branch, Lahore on fake documents without adopting due process/verification, deposited heavy cash amounts, online credits, transferred cheques and RTGS transactions on the basis of fake import documents, got converted Pakistani currency into Foreign Exchange Payments in US$ and remitted abroad. It was further alleged that 51-importers/customers opened their account at Habib Bank Ltd., Lake Road, Lahore and out of them, 02- importers/customers, opened their accounts at Habib Bank Ltd., Data Darbar Branch, Lahore, made suspected trade transactions in their account and remitted abroad large volume of cash causing heavy financial loss to the national economy by sending Foreign Exchange to the tune of US$ 07.00 Million through fake/Benami import accounts, which were based on fabrica ted and tempered documents. They carried on the process through fake/coloured photocopy documents with forged signatures of the importers and generated TTs on assessed value of GD's instead of declared value and send the funds abroad illegally in violation of the policy of the State Bank of Pakistan. Hence, this case was registered.
3. We have heard learned counsels for the petitioners, learned Deputy Attorney General appearing for the State and perused the available record.
4. First of all, we would like to take up the case of petitioners Mirza Fakhar Zaman and Shahzad Hassan, who are seeking the premium of bail before arrest. They have been saddled with the respon sibility of depositing huge black money in fake/Benami account of different branches of Habib Bank Ltd. Lahore, converting the same into US$, illegally transmitting it against import paym ents based on fake and tempered documents and themselves receiving the same in Dubai being Aqama Holders through the network of co-accused Abdul Qadir Memon. During investigation, petitioner Shahzad Hassan was found owner of M/s. Galaxy Money Changer and he had obtained Aqama of Dubai showing himself as salesman of Western Point General Tradin g LLC, UAE-Dubai. Both these petitioners were implicated in this case on the basis of electronic ledgers and images of Hundi/Hawala transactions retrieved from Cloud ID as well as e-mail ID of co-accused Abdul Qadir Memon, which stood supplemented prima facie with the positive report of the Forens ic Expert being in line with the bank record. The statement of co-accused Abdul Qadir Memon recorded under Section 164, Cr.P.C. is available on record, which shows that the amount in issue had been deposited by one Latif on behalf of petitioner Shahzad Hassan. Upon unearthing of the scam, both the petitioners took the flight of Dubai and did not join the inquiry/investigation proceedings whereupon they were got declared proclaimed offenders, however upon generation of request from the Interpol, they came back to Pakistan and got protective bail. During investigation, they have been found fully involved in this occurrence and their physical custody is more required to the investigating agency , for further investigation, particularly , in order to determine further utilization of the launder ed black money . Nothing is available on record to show that the intended arrest of these petitioners is actuated with mala fide intention or ulterior motives and, thus, they are not entitled to the extra-ordinary relief of pre-arrest bail.
5. The remaining petitioners namely , Muhammad Ayaz Mufti, Muhammad Umar and Abdul Qadir have sought post arrest bail. Petitioner Muhammad Ayaz Mufti was working as an officer (M-II) at Centralized Trade Processing Unit (CTP), Gulberg, Lahore and he processe d the fake and bogus trade documents, dispatched and forwarded the same to petitioner Muhammad Umar , Data Entry Operator , who generated Telegraphic Transactions (TTs) without verification of the fake and bogus trade documents. The former petitioner was arrested in this case on 27.07.2019, whereas the later was arrested on 22.4.2019. The case of both these petitioners, being bank employees, is almost identical, who allegedly , did not perform their official functions according to their job description. The role of petitioner Abdul Qadir was that he alongwith Abdul Latif Habib alias Latif Panwala, Proprietor of London Silk General Trading LLC, Shahzad Hassan Butt, Proprietor of Ws. Galaxy Money Changer , Lahore and other co- accused, with active connivance of co-accused Asif-ur-Rehman Aziz, managed to open two fake/Benami accounts in Habib Bank Ltd. Bund Road, Lahore with forged signature of the account holders.
6. It has been observed that first post arrest bail of petitioner Muhammad Ayaz Mufti was dismissed as withdrawn at the very outset vide order dated 24.07.2019 passed by this Court in Crl. Misc. No. 40879-B/2019.
7. This is third petition of petitioner Muhammad Umar , who had earlier filed Crl. Misc. No. 40878 & 64899-B/2019 seeking the selfsame relief, which were dismissed as having been withdrawn simplicitor and the other on merits vide respective orders dated 24.07.2019 & 07.11.2019.. However , petitioner Abdul Qadir has approached this Court first time for seeking post arrest bail.
8. These petitions seeking the selfsame relief have been filed on the fresh ground of rule of consistency as well as humanitarian ground on account of delay in the conclusion of trial being behind the bars for more than 1-1/2 to 2 years without any substantial progress in the conclusion of trial.
9. The perusal of record divulges that case of the present petitioners is identical rather on lesser magnitude as compared to that of co-accused Syed Ijaz-ur-Rehman, being Branch Manager Operations, Habib Bank Ltd., Data Darbar , who has already been granted post arrest bail by this Court vide order dated 26.02-2020 passed in Crl.
Misc. No. 9117-B/2020 in a similar matter and identical accusation pertaining to case FIR No. 49 dated 22.4.2019 registered at the same Police Station. Co-accused namely , Farhan Yaqoob, who was a private person, has also been granted post arrest bail by this Court vide order dated 4.3.2020 passed in Crl. Misc. No. 10232-B of 2020 in the aforementioned case. Furthermore, in a similar matter with identical accusation of another case FIR No. 48 dated 22.4.2019, registered at the same police Station, accused Tariq Mehmood has been granted post arrest bail on merits by august Supreme Court of Pakistan vide order dated 17.01.2020 passed in Crl. Petition No. 1370/2019.
10. Besides the rule of consistency; the petitioners seek their release on humanitarian ground that they are facing the agony of incarceration for last more than 1-1/2 to 2-years but till-date the charge has not been framed against them. On our query , learned counsel for the petitioner has gracefully conceded that the charge has not yet been framed against the petitioners. The investigation process is complete and physical custody of the petitioners is no more required to the police for further investigation. Without touching merits and demerits of the case, we are convinced to hold that the petitioners are entitled to the relief claimed for on the basis of rule of consistency as well as humanitarian ground because they are facing the agony of incarceration for a period of 1-1/2 to 2 years without any progress in the conclusion of trial.
11. In this view of the matter , Crl. Misc. No. 36163-B & 35430-B of 2020 filed by petitioners Mirza Fakhar Zaman and Shahzad Hassan are without any merit, the same stand dismissed . The respective orders granting ad interim pre-arrest bail to them are hereby recalled.
12. Cr1 Misc. No. 19838, 46544 & 38541-B filed by petitioners Muhammad Ayaz Mufti, Muhammad Umar and Abdul Qadir are allowed and they are admitted to post arrest bail subject to their furnishing bail bonds in the sum of rupees one million each with one surety each in the like amount to the satisfaction of learned trial Court.