' WAHID BUX BROHI, J.--- The applicant has been booked for an offence punishable under sections 419/420/511/34, P.P.C. On the basis of F.I.R. In Crime No,177 of 2002 lodged by Javed Haider, A.V.P./Manager, National Bank of Pakistan, Nicle Road Branch, Karachi the contents whereof read as under:-- "The Station House Officer Sindh Police Station Mithadar, M.A. Jinnah Road, Karachi. Dear Sir, Attempt of fraud (Fraud) opening of forged account. It is informed to you that Messrs M.A. Sadiq and Ghulam Yazdani approached us to open a current ACC with the title of Messrs Qurani Mission on introduction of Messrs The Worker International Weekly Karachi maintaining their ACC at our New Challi Branch on 9-12-2002. They had used the Letter Head and Rubber stamp of Messrs Qurani Mission Interne where the address was mentioned as 9-Muhammadi Building Hurmusejee Street Off M.A. Jinnah Road, Karachi. We as a usual course, sent letter of thanks at the given address on 12-12-2002, they informed us using a different letter head that therein address has changed to Room No,617, Regal Trade Square, Pradi Street, Saddar Karachi. On 16-12-2002 we received reply to our letter of thanks from Mr. Abbas Shroff the Chairman of Qurani Mission that we enclose herewith Mr. Abbas Shroff informed that they have never opened their ACC and requested us to provide the detail. He also visited the branch to discuss the issue, after that we freeze the ACC and waited for the culprit who was due for collection of which book. Today, he came and accepted his offence in front of you and Mr. Abbas you are requested to take him into custody and initiate proceeding for (F.I.R.). The ACC was opened while the case deposit of Rs,2,500 and a cheque in favor of Qurani Mission was deposited for Rs,147,767 for clearing. The balance in the ACC is Rs,150,262 in the above situation, it is treated as attempt to fraud with the bank and we have no other alternate but to refer the case at your office. We are enclosing herewith the following documents (photocopies) alongwith main suspected person Mr. M.A. Sadiq for your further necessary action. (yours sincerely), Javed. Haider, AVP/Manager."
2. We have heard Mr. Khaleeq Ahmed learned counsel for applicant and Mr. Khurshid Hashmi learned D.A.-G. Who is further instructed by Mr. Javed Akhtar learned State Counsel and the Investigating Officer Azizur Rehman, Sub-Inspector.
3. It was mainly contended by learned counsel for applicant that no account was opened in the name of Qurani Mission Society and the statement of introducer has also not been recorded under section 161, Cr.P.C. Relying on the authorities Younus v. The State 2000 PCr.LJ 721 and Saeed Ahmed v. The State 1996 SCMR 1113 he urged that basically this case is founded on documentary evidence which is already in possession of the prosecution and there is no chance of tampering the same, therefore, following the case of Saeed Ahmed (supra) the applicant may be allowed the concession of bail. Mr. Khurshid Hashmi learned D.A.-G. Opposed the bail on the ground that this is a white collar offence and documents show the involvement of the applicant in clear terms.
4. We have considered all these aspects carefully. Although to some extent Saeed Ahmed's case may be applicable to the instant matter but we have noticed that some oral evidence has also come on record, with due respect, therefore, this case on factual side is distinguishable. However, we have noted in all earnest that the applicant is in custody since 21-12-2002 while the offence being an attempt to commit offences punishable within the meaning of sections 419 and 420, P.P.C.
Would carry maximum punishment for 3-1/2 years on each count out of which the applicant has already remained in jail for a period of more than 7 (seven) months and the trial has made no progress. As held in Muhammad Saeed Mehdi's case 2002 SCM R 282 fair and expeditious trial is right of an accused, and the bail cannot be withheld as punishment. Accordingly, we allow this application. The applicant be released on bail on furnishing surety in the sum of Rs,1,00,000 and executing P.R. Bond in the like amount to the satisfaction of the trial Court.