' Brief facts of the case are that the present petitioner Khalil-ur-Rehman is co-accused in a case F.I.R. No,54, dated 30-1-1995 registered at Police Station Civil Lines for offence under sections 409, 420, 468, 471, 109, P.P.C. Read with section 5(2), 47 P.C.A. The petitioner was refused bail by the lower Courts and then he submitted the present bail application before this Court. Vide Criminal Miscellaneous No,345/B of 1995 bail order was also declined by me vide order dated 8-5-1995. The order, dated 8-5-1995 is quite lengthy and detailed order which contains most of the facts and circumstances of the case.
2. The allegation against the petitioner is that he committed the aforesaid offence. As he along with Sheikh Zulfiqar Hussain, Junior Clerk were involved in preparing and withdrawing the amounts fraudulently from the National Bank of Pakistan. As per allegations Rs,1,84,144.89 and Rs,62,780 were drawn by issuing fake and forged Pension Pay Orders. It was alleged that a sum of Rs,2,18,848.84 was also allegedly drawn from the National Bank of Pakistan, Lalkurti Branch, Rawalpindi. In this case four accused have been involved who withdrew quite substantial amount. Thus they committed fraud.
3. The bail was sought on number of grounds, including that the name of the petitioner was not mentioned in the F.I.R. That during investigation nothing was recovered from him; that the Pension Pay Orders are of different dates giving cause of action of different dates; that the very registration of the case is illegal because different cause of action cannot be joined together. According to the learned counsel for the petitioner section 409, P.P.C. Was not applicable. Lastly he argued that no report from the Handwriting Expert was obtained.
4. The bail petition was opposed by the learned A.A.-G. On number of grounds; that bail petition was dismissed after hearing the arguments of the parties and also by examining the official record; that the present fresh bail application has been filed seeking bail for the petitioner only on one ground which was agitated on behalf of the petitioner that the petitioner had been found innocent during investigation. Thus the case needs further inquiry and fall under section 497(2), Cr.P.C.
5. I have heard the arguments of the learned counsel for the parties and record perused. The fresh ground for grant of bail is only that the petitioner has been found innocent during investigation. The findings of the police are not binding upon the Courts. It is not based on cogent reasons. Learned lower Courts have also expressed this view. As far as the other two grounds are concerned that his person is no more required by the police and challan has not so far been submitted in the Court have no importance, at this stage. On behalf of the State it has been stated that challan is being submitted to the Court for trial. Quite serious allegations have been leveled against the petitioner.
Under' these circumstances, the bail petition is dismissed.