' The applicant Iqbal Hussain Memon seeks bail in a case under sections 409, 420, 34 and 109, P.P.C.
Pending trial before the learned Special Court (Offences in Banks), Sindh at Karachi. The same having been refused to the applicant on 13-1-2001, by the trial Court, the applicant has prayed this Court for the same relief.
2. On 22-5-2000, complainant Muhammad Aslam Memon, Manager, Muslim Commercial Bank, Zaibunnisa Street, Saddar Branch, Karachi lodged the complaint before the Deputy Director, F.I.A.
(C.B.C.), Karachi, stating that Iqbal Hussain Memon (applicant) Officer Grade 3, posted at Empress Market, Utility Booth of Muslim Commercial Bank, Saddar, Karachi and Nazir Ali serving as cashier under the supervision.Of Zaibunnisa Street Branch, while discharging their duties, received bills of various consumers of K.E.S.C., Gas, Telephone and pocketed the same. The modus operandi of these persons was that they used to collect money from the consumers against their bills and affix ,stamps of receipt of the bank and thereafter they used to deposit lesser amount in the branch of the bank and the remaining amount they used to retain for their personal use. The abovenamed accused persons have misappropriated a total sum of Rs,5,46,331, which has been disclosed by the different consumers till 17-4-2000. The abovenamed accused persons have cheated, defrauded and misappropriated bank's money and have converted the abovementioned amount to their own personal use and have caused financial loss to the bank. It was further disclosed that the claims of the other consumers of utility bills were pouring in the branch of the bank, which will be reported subsequently.
3. On the basis of the above report, F.I.R. No,15 of 2000 was registered as aforesaid.
4. In interim charge-sheet, dated 20-6-2000 both, the applicant and accused Nazir Ali were shown as absconding accused, whereupon non-bailable warrants were ordered against both the accused persons.
5. The applicant Iqbal Hussain Memon is shown to have approached the learned trial Court for grant of bail before arrest, after more than six months of absconsion, on 24-11-2000, when his pre- arrest bail application was rejected and was remanded to jail custody. The applicant thereafter, repeated his bail application after arrest, which was rejected as stated above on 13-1-2001.
6. It was contended by Mr. I.A. Hashmi learned counsel that the applicant is innocent. The applicant was not directly involved in the collection of consumer's bills, the F.I.R. Was delayed and the applicant was wrongly shown as absconding accused. He further argued that upon being informed that he was shown as an absconding accused in case, he voluntarily surrendered before the trial Court. He further argued that the application of section 409, P.P.C. Was misconceived as it was yet to be determined whether the amount so received from the consumers were actually entrusted to the applicant. It was lastly argued that the applicant is a respectable person of status and son of Senior Advocate of Hyderabad.
7. On the other hand Mr. Israr Ali, Assistant Director (Legal) F.I.A., while opposing the bail plea submitted that the applicant was very much responsible for the alleged embezzlement and till date consumers' bills misappropriated have exceeded Rs,1 million. He further submitted that the applicant was Incharge Supervisor and co-accused Nazir Ali was the cashier. Both were posted at Booth of Zaibunnisa Street Branch of Muslim Commercial Bank, have been receiving utility bills and all the amounts received by them were not transmitted to the main branch for onward crediting.
8. The offence under section 409, P.P.C. Is punishable with imprisonment for life and with fine. Ex facie, the amounts deposited by various consumers at the booth were going into the custody of the applicant and his co-accused. The applicant has failed to substantiate his stand that he was wrongly shown as an absconding accused. The applicant has not produced any documents to show that he was attending to his duties at some other place, booth or branch. The liability of the applicant is inseparate. The grant of bail under Special Laws is not a rule. Frauds in the financial institutions have touched alarming altitudes. There do not appear reasonable grounds to believe that the applicant is not guilty of the offence with which he has been charged. Resultantly, the bail application of the applicant is dismissed.
9. Above application was dismissed in Court by a short order today and these are the reasons for the same.