IJAZ AHMAD CHAUDHRY, Through this application under Section 497, Cr.P.C., the petitioner seeks bail after arrest in case F.I.R. No. 95/2002, dated 18.4.2002 under Sections 419/420/468/471/467/409, PPC registered at Police Station, City Sargodha on the statement of Ghulam Qadir Jaam, Manager, National Bank of Pakistan, Sargodha City.
2. Brief allegation as levelled in the F.I.R, against the petitioner is that he on 7.2.2002 got opened Account No. PLS-11549-9 in the name-of Mst. Jannat Mai in the Branch of complainant by verifying the signature and I.D. Card of said Mst. Jannat Mai. It is further alleged that on 19th February, 2002 he submitted application for issuance of Cheque Book, which he received on the same day and on 24.3.2002 an amount of Rs. 1,36,271/->was received in the account of said Mst. Jannat Bibi from Benevolent Fund of Government. On 28.3.2002 the petitioner got drawn an amount of Rs. 30,000/- from said account on a cheque allegedly issued by Mst. Jannat Bibi. On 30.3.2002 Maqsood Ahmad, co- accused of petitioner, Clerk of Benevolent Fund, DCO Office submitted a cheque of Rs. 40,000/- for its encashment from the account of Mst. Jannat Bibi. The complainant found suspicion circumstance and two of his subordinates told about the bad repute of Maqsood Ahmad as he used to open bank account of widows. Haq Nawaz, petitioner also came on 16.4.2002 for encashment of two cheques. He was interrogated by the complainant and other bank employee, who told the employees that this account was got opened by him on the asking of Maqsood Ahmad, co-accused and admitted that he produced I.D. Card and other document of Mst. Jannat Bibi and got encashed a cheque of Rs. 30,000/ Haq Nawaz petitioner was handed over to the police and on the application of complainant the above-said F.I.R, was registered.
3. The learned counsel for petitioner contends that the amount of Rs. 30,000/- which was got encashed by the petitioner has been deposited by his co-accused Maqsood Ahmad on 25.4.2002.
The learned counsel has drawn the attention of this Court to the statement of petitioner made before the Bank Staff in which he told them that the account was opened by him on the asking of Maqsood Ahmad and the amount drawn by him was handed over to him. In these circumstances according to the learned counsel the petitioner had no criminal intent and he acted in good faith on asking of main accused and in other words the petitioner has been used as tool to commit the alleged crime by Maqsood Ahmad. It is further contended that the petitioner is in jail since 18th April, 2002 and is no more required for the purpose of investigation. The learned counsel further submits that Section 409, PPC < has been deleted therefore, the case against the petitioner does not fall within prohibitory clause. The learned counsel has referred to the judgment of Hon'ble Supreme Court Criminal Petition No. 143/2002, in which case the bail was granted to the co- accused as the case did not fail within prohibitory clause.
4. On' the other had, the learned State counsel has opposed the application on the ground that the petitioner is habitual in opening accounts of widows unknown to him in collusion with his co- accused Maqsood Ahmad and has introduced the widow. The learned counsel has produced photocopies of forms of i.e Accounts got opened by die petitioner on behalf of the widows, whose amount was got encashed subsequently. The Bank Manager/Complainant has also produced certain cheques, which were submitted in the Bank for encashment by the petitioner on behalf of above-said account holders and got encashed.
5. I have heard the learned counsel for parties and gone through the record carefully. The petitioner did not only open the account of Mst. Jannat Bibi without knowing her and also got encashed a cheque of Rs. 30,000/- on her behalf.
This fact has been admitted by him in his statement made immediately before the Bank Staff. The Bank Managter/complainant, who is present in Court has submitted statement of accounts Nos. Of Account opened by Mst. Jannat Bibi, Malik Haq Nawaz Bhroka, Zeenat Kliatoon, Musthaq Ahmad, Nadeem Akhtar and Siraj Bibi, which were got opened on the instruction of petitioner and subsequently the amounts were drawn by the petitioner on the cheques allegedly issued by said account holders. The Bank Manager has also submitted that the said account holders were issued registered notices, which have been received back with the report that the persons of that identity are not living at the given addresses. In view of this it can easily be inferred that the petitioner remained habitual in opening accounts of fake persons and the evidence available on record is sufficient to believe that the petitioner is connected with the commission of heinous offence and in collusion with his co-accused Maqsood Ahmad got huge amount mis-appropriated from the Benevolent Fund meant for legal heirs of deceased government employees. In these circumstances the petitioner is not entitled to the concession of bail. This bail application is dismissed.
6. Before parting with this order, it is further added that on a query of this Court, Shahid Nazir, Inspector, Investigating Officer of this case replied that he has deleted Section 409, PPC due to death of Maqsood Ahmad, co- accused during the investigation. He has further stated that the petitioner was not involved in opening, of any other account, but the Manager of Bank, present in the Court has submitted photocopies of application Forms of Bank Accounts which were got opened by the petitioner, in these circumstances I issue notice under Section 476 read with Section 195 of Criminal Procedure Code to said Inspector/SHO as he made false statement in this Court to Show cause why he is not convicted u/S. 193, PPC for making false statement in this Court. He shall i.e his reply within four days. The office is directed to prepare separate i.e for the proceeding under the above Article, which shall be listed on 7.8.2002.