Applicant Muhammad Mehmood has approached this Court for bail before arrest in Case No,17 of 2002, F.I.A. CB-II under sections 420, 468, 471, 409 and 34, P.P.C. The similar request has been decided by trial Court by order dated 22-8-2002.
2. The prosecution case is that on 12-11-2001 Account No,3880-5 was opened in the name of Muhammad Mehmood with N.I.C. No,502-92-801163 at Allied Bank Limited Nursery Branch, Karachi with same particulars, another account was also opened at Allied Bank Limited, Kashmir Road Branch, Lahore. On 14-5-2002, the account holder deposited a cheque amounting to Rs,19,00,000 of Account No,2761 of Kashmir Road Branch, Lahore which was sent to Lahore through IBC No,40/78, the credit advice was received on next day on 16-5-2002, and the amount was credited in the Account No,3880-5, out of said credit one cheque of Rs,7,00,000 was encashed from this account.
3. On verification on 17-5-2002 Kashmir Road Branch, Lahore -returned the same cheque unpaid and denied to have issued such IBC (Inter Bank Credit Advice), hence the report was lodged.
4. The applicant approached the trial Court for bail before arrest, which was declined, hence the present bail application.
5. We have heard learned counsel for the applicant and the learned Federal Standing counsel on behalf of the State who has been assisted by the Investigating Officer namely Bashir Ahmed Shaikh.
6. The Federal Standing Counsel has frankly conceded that the involvement of the applicant is on the basis of NIC number appearing on Account Opening Form but with photo of some other person.
7. We have also examined the police papers. The Bank Officers were examined during the investigation, who have not identified the applicant to be the person who either had opened the account or encashed the cheque. Even Athar Shahzad, who is said to be the introducer for opening. of the account, has also disputed his signatures by terming the same as manipulation.
Investigating Officer has stated that the Account Opening Form, Cheque and Signature Card with specimen of the applicant obtained before the Judicial Magistrate have been referred to for the expert opinion, and the opinion is awaited.
8. We are of the view that these facts are sufficient for the grant of bail to the applicant as further inquiry is required in the matter with regard to the involvement of the applicant in the offence as except NIC number no incriminating material is available with prosecution.
Therefore, the applicant has a case for bail before arrest. He is directed to furnish surety in the sum of Rs,1,00,000 with PR Bond of like amount to the satisfaction of Nazir of this Court.