1. ' This order will dispose of bail application filed on behalf of the applicant/accused Sohail Masood Ansari son of late Masoodur Rehman Ansari who has been booked to face his trial vide F.I.R. Under sections 409, 468, 471, P.P.C. Read with section 5(2), Act II of 1947 registered at Police Station F.I.A.
2. CC-II.' The charge against the applicant in the F.I.R. Lodged by S.M. Ishaque, Director-General, Ministry of Finance and Economic Affairs, Statistics Division, Islamabad is that the applicant Sohail Masood Ansari, Assistant Ministerial (BPS-15) had been performing his duties as cashier in the Federal Bureau of Statistics Division, Karachi has embezzled Government money amounting to Rs,7,03,422.13 during the period from 1-6-1979 to 30-10-1989.
3. ' The departmental inquiry was conducted against him by the Deputy Director-General which inquiry report shows that an internal inquiry was conducted by Mr. Abdul Qadir, Chief System Analyst to find out the embezzled amount who calculated the total amount of Rs,7,04,422.13 embezzled by the applicant/Ex-Cashier and after that inquiry a special party was also deputed to conduct the audit in detail for the period the applicant remained as Cashier. The audit party checked the accounts and recovered Rs,6,04,000 from the -applicant and s.5,81,990 were deposited in the Government account and thereafter remaining amount was also paid by the applicant which was also deposited in the Government account and according to the report of the Inquiry Officer only Rs,1,025 is still lying with the applicant. However, the Inquiry Officer in his inquiry report has also stated as under: " "it is presumed that there is, no dues against FBS, Karachi or in other words against the ex- Cashier:"
4. ' The Inquiry Officer has also stated that certain challans were not verified by the Treasury Office, Karachi and further that the applicant Sohail Masood Ansari has given statement that if there will be any outstanding dues against him he will pay the same as per demand of FBS, the Inquiry Officer has also stated in his inquiry report that if any Government dues found even after the departmental action that amount will be deducted from his G.P. Fund account or recovered from him. The Inquiry Officer has further stated that in short at present it appears that there is no Government liability on Mr. Sohail Masood Ansari.
5. ' The learned Advocate Mr. Abdul Jabbar contended that the applicant is innocent and has been falsely implicated in this case due to enmity and the case has been foisted upon him to save the actual culprits and further that there is delay of more than 10 years in lodging the F.I.R. Without any explanation and there is no proof against the applicant that he deposited the Government amount and took interest money for his benefit. The learned Advocate further stated that the accused has remained in custody for about 6 months and there is report of the Inquiry Officer that there is no Government liability on the applicant, therefore, the offence under which he is charged with appears to be of a matter of further inquiry and since no Government amount is due upon him he is entitled for concession of bail till his case is disposed of which may take long time as it is a matter of settlement of accounts.
6. ' On the other hand Mr. Ikram Ahmed Ansari, the learned D. A.-G. Has opposed the grant of bail to the applicant on the ground that the applicant has committed fraud with the Government and has embezzled the huge amount of Rs,7,04422.13 from the Government account which amount he deposited in his personal account and used to take interest but after his crime was detected inquiry was held in which inquiry he has admitted the embezzlement of the above amount and this kind of offence is an heinous offence for which no concession of bail is to be given to the applicant.
7. ' Mr. Habib Ahmed, Advocate appearing on behalf of the A.-G., Sindh on Court notice has also opposed the grant of bail to the applicant and stated that the offence under which the accused is charged with is punishable with imprisonment of 10 years as such he is not entitled for bail.
8. ' It is no doubt that the Inquiry Officer has on the one hand imposed liability of embezzlement on the applicant/accused/ex-cashier but has also stated that there is no Government liability on Mr. Sohail Masood Ansari. I have gone through the entire report of this case though it has come on record that the accused has temporarily misappropriated the Government amount but later on he has deposited the entire amount with the department and at present nothing is due against him.
9. The accused has remained in jail for about 6 months and the trial of the case would take sufficient time and moreover the applicant being Government servant has remained in jail for about six months and the contentions of the learned Advocate that he has been falsely implicated in the present case due to enmity and admittedly according to the report of the Inquiry Officer the department has not suffered any loss appears to be a matter of further inquiry as contemplated under subsection (2) of section 497, Cr.P.C. Moreover admittedly there appears a delay of more than 10 years in lodging the F.I.R. Which delay has not been explained by the complainant, therefore, accused is entitled for concession of bail as such I am inclined to grant him bail subject to his furnishing solvent sum in the sum of Rs,1,00,000 with P.R. Bond in the like amount and to the satisfaction of the trial Court.