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2004 YLR 1533

Malik AMIR SULTAN vs THE STATE

Citation2004 YLR 1533
CourtSindh High Court
Case No.Criminal Bail Application No.1428 of 2002
Date2002-11-14
Judge(s)Shabbir Ahmed, Muhammad Sadiq Leghari
ResultPetition dismissed

ORDER

1. ' SHABBIR AHMED, J.--Applicam Malik Amir Sultan was Manager at the relevant time, when a request was made by a ghost lady for issuance of cheque, for PLS account No. 1037-3, which was issued under the orders of the applicant. Four cheques were presented for encashment, whereby a sum of Rs.7,50,000 was drawn from aforesaid account, a joint account of Ghulam Muhammad and Atteeqa Khanum. The allegation against the applicant is also that he countersigned two cheques amounting to Rs.5 lacs as well. Bail application moved before the trial Court was dismissed by order dated 30-10-2002. Hence this application.

2. Bail has been pressed on the ground of rule of consistency as co-accused Bashir Ahmed was granted interim bail before arrest by order dated 26-9-1998. The ground for the grant of bail on the rule of consistency need not detain us long because the interim bail has not yet been confirmed.

3. The second ground urged is medical. The applicant is stated to be a heart patient his detention in jail would be detrimental to his life.

4. ' Learned D.A..-G. Has conceded the grant of bail on medical ground provided the amount involved is deposited by the applicant with the Nazir of this Court in addition to surety before the trial in the sum of Rs.7,50,000.

5. ' Learned counsel for the applicant has accepted the contention put by learned D.A.-G. To the grant of bail. Therefore, the applicant is granted bail in the sum of Rs.7,50,000 with P.R. Bond in the like amount to the satisfaction of the trial Court provided that the applicant deposits the amount of Rs.7,50,000 with Nazir of this Court such deposit would be without prejudice to the plea that may be taken by the applicant at the trial. The Nazir to invest the said amount in a Government profit earning scheme.

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