1. Urgency Application granted.
2. Applicants/accused Abdul Majeed son of Haji Dawood is facing trial for the offences punishable under sections 420, 468, 471 and 34, P.P.C. In the Special Courts (Offences in Banks), Sindh at Karachi.
1. ' The admitted facts are that the applicant availed loan facility to the tune of Rs,26,216,296 from United. Bank Limited under Islamic System of Banking for his export business. The applicant mortgaged property by way of collateral securities. It is also admitted that the property which was mortgaged for availing the loan facility was already sold.
2. ' Contention of Mrs. Nasiruddin, learned counsel for the applicant, that the alleged offence was committed in the year 1992 while the F.I.R. Has been registered in 1999 and, therefore, there is an inordinate delay. She has further submitted that the applicant is an old person, aged 65 years, and is a Diabetic patient; therefore, he may be released on bail.
3. ' Mr. Hashmi learned Dy. A.-G. Has opposed the bail application contending that it is a white collar crime, herefore, the question of bail is irrelevant because in such cases the crime committed is neither immediately detected nor investigated. Such crimes are detected as and when necessity arises for making a probe into the transaction. He has further submitted that medical certificate produced shows that the applicant is not suffering from a serious disease but is suffering from Diabetes which can be treated inside jail.
4. ' We have considered the contentions raised by the Advocates for the parties and also perused the material available on record.
5. ' As already observed, the admitted position is that the applicant mortgaged property showing the same to be owned by him although the property was already sold. In these circumstances, it does not lie with the applicant to allege that he was not aware of the sale of the property and that there was no mens rea on his part when he offered the fake documents for mortgage of the property for availing the loan facility.
6. ' The Honourable Supreme Court of Pakistan has observed in several cases that the white collar crimes cannot be equated with the ordinary crimes of theft or injury as the white collar crimes are directed at against the society at large and have affected the entire society.
7. ' For the foregoing reasons we are of the opinion that it is not a case of further inquiry as envisaged under subsection (2) of section 497, Cr.P.C. The condition precedent for grant of bail under subsection (2) of section 497, Cr.P.C. Is that the Court should first come to the conclusion that there are no reasonable grounds to believe that the accused has committed an offence and thereafter the bail can be granted instead of releasing the accused on the ground that there are further grounds for inquiry. In this case, the commission of offence is not denied and it is for the trial Court to decide, after recording of evidence, as to what is the gravity of the offence and what is the proper order to be made. So far as the ailment of the applicant is concerned he is not entitled for bail merely because he is suffering from Diabetes. An accused person can be granted bail on ground of illness if the nature of illness is such that it may detrimental to his life and it is not possible to give treatment to the accused in jail.
8. ' For the foregoing reasons, the bail application stands dismissed.
9. ' At this stage, the learned counsel for the applicant has stated that the bail application is not pressed.