' In respect of the misappropriation of a sum of Rs,1,04,010 relating to Account No, KD-99 (co- accused Abdul Rashid, U.D.C. Gave an affidavit on 15-8-1983 that he alone was responsible for the same and nobody else was in league with him and as a result of this he had been ordered by the authorities to deposit the said amount and in consequence, the said sum of Rs,1,04,010 was deposited by him. The report of National Savings Officer, Islampura, who was Inquiry Officer in respect of defalcation of this amount, exonerated the petitioner in this transaction. Prima facie, therefore, the petitioner does not appear at this stage to be connected with the said defalcation.
2. As regards misappropriation through withdrawals of sum of Rs,84,800 from Account K.D. No, 117 of one Muhammad Younus the case of the prosecution is that the initials of the petitioner are available on the withdrawals in the ledger and according to the departmental rules, the cash is always with the National Savings Officer and he is liable for any defalcation in the amount and no undue reliance is to be placed on the clerks in the Centre. It is further submitted that the cheque books are always in the custody of the National Savings Officer and, therefore, the petitioner who was National Savings Officer was responsible. It is submitted that another cheque book had been issued and money had fraudulently been withdrawn on the basis of the cheque from the second cheque book. It is stated that the original cheque book which was issued to the account-holder Muhammad Younus had not been taken into possession by the prosecution, had remained intact and not a single cheque from the same was ever used by the accountholder. It is further submitted that the pass book which was issued to Muhammad Younus the original account-holder also shows the deposit of sum of Rs,84,800 and not a single transaction of withdrawal stands entered thereon. On the basis of this data it is submitted that the petitioner is connected with the offence.
3. I have considered this point. The learned counsel for the petitioner has placed on record, the letter from the Central Directorate of National Savings, Islamabad which prima facie shows that officials/ officers in the saving centres also share the keys of the safe. Further, Abdur Rashid, co- accused executed an affidavit on 16-11-1983 to the effect that he had withdrawn the said sum of Rs,84,800 using a bogus cheque book and no other officer of his saving centre was involved in the transaction. The learned counsel for the petitioner has placed on record the answers given by Abdul Rashid to the Inquiry Officer on 6-12-1984 in respect of the defalcation of the sum of Rs,84,800 o Account No, KD-117 wherein he had admitted that he had changed the opening form of the account as well as the card attesting the specimen signature of account-holder Muhammad Younus. He has also stated that he was sharing the keys of the safe. He had earlier stated that the cheque book from which he was using the cheques was a bogus one. In his reply to the question, he completely exonerated the petitioner from defalcation of sum of Rs, 84,800. I, therefore, grant petitioner bail in the sum of Rs,1,75,000 with one surety in the like amount to the satisfaction of this Court.