Saturday, 4 August 2012

Bail Petition Dismissed in Fraud Case

A beautiful judgment of Karachi High Court dismissing the bail petition of accused in an auto loan fraud case.

Citation Name  : 2011  MLD  1202     KARACHI-HIGH-COURT-SINDH
  Side Appellant : MURAD USMANI
  Side Opponent : State

S. 497---Penal Code (XLV of 1860), Ss.409/419/420/468/471/ 109/34---Criminal breach of trust by public servant, cheating by personation, forgery, using as genuine a forged document---Bail, refusal of---Allegation in the case was that serious fraud had been committed in granting of auto loan s to a number of fake persons---Such kind of crimes were called "white collar crimes", which were totally different in nature from common crime that take place in the society---Primary instrument for commission for white-collar crime was creation of false documents---Many times culprits operated in a manner that no fingerprints were left and it was difficult to trace them---In the present case it was alleged that registration number of vehicles were picked up and thereafter forged documents were created and loan s were given to fake persons---Such crime remained hidden for a long time till the complainants blow the whistle---Fact that loan s were granted to fake persons on false documents in respect of false vehicles was partly clear---Detail for as many as 60 such vehicles had been provided in the challan---All said material, prima facie, had reasonably connected accused persons, who were Branch Managers of the Bank, to alleged offences---Counsel for accused had contented that no disciplinary action had been taken against them by the Bank---Validity---Domestic disciplinary action and criminal action, were independent of each other; and result of one could have no bearing whatsoever on result of the other---Bail applications were dismissed in circumstances. 

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