-Anticipation bail, seeking leave of Court for bail in anticipation to their arrest--Fraud of 24 millions rupees--

 PLJ 2021 SC (Cr.C.) 98

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Anticipation bail, seeking leave of Court for bail in anticipation to their arrest--Fraud of 24 millions rupees--A detailed parallel story related by petitioners notwithstanding, nonetheless, they were admittedly at helm of affairs to call shot and thus in a position to rescue complainant from troubled situation he was trapped; various pieces of evidence including forensic data, beyond susceptibility of human interference, unmistakably suggest a conduct perfidious to call of their duty hence, prima facie, cognizable--Held: It is by now well settled that accused in a criminal case cannot be granted anticipatory bail to subvert or undermine investigative procedure/process that essentially include arrest in order to bring statutory exercise to its logical end for effective and meaningful prosecution of offence through collection of information/evidence consequent upon arrest--Mala fide, manifestly intriguing upon intended arrest, is only justification to suspend or divert usual course of law, a step most extraordinary by all means; it is not a case in hand--Petition fails--Leave declined.

                                                                                   [Pp. 99 & 100] A

Mr. Aamir Mansoob Qureshi, ASC with Kamran Attaullah and Anwar, in person for Petitioner.

Mr. Sajid Ilyas Bhatti, Addl. Attorney General for Pakistan Qaiser Masood, Addl. Director (Law) FIA Khalid Naseem, Inspector, FIA Karachi Shabbir Chandio, Inspector FIA Karachi for State.

Barrister Afzal Hussain, ASC along with Hasan Munawar, in person, assisted by Arslan Binyamin, Advocate for Complainant.

Date of hearing: 29.9.2020.

 PLJ 2021 SC (Cr.C.) 98
[Appellate Jurisdiction]
Present: Mushir Alam, Yahya Afridi and Qazi Muhammad Amin Ahmed, JJ.
KAMRAN ATTAULLAH and another--Petitioners
versus
STATE--Respondent
Crl. P. No. 149-K of 2020, decided on 29.9.2020.
(Against the judgment dated 26.08.2020 passed by the High Court of Sindh, Karachi in Criminal Bail Application No. S-100/2020)

Order

Qazi Muhammad Amin Ahmed, J.--Declined both by the learned Special Judge Central-I Karachi as well as a learned Judge-in- Chamber of the High Court of Sindh, petitioners, Deputy and Assistant Directors in the Federal Investigation Agency, respectively, seek leave of the Court for bail in anticipation to their arrest in a case registered with F.I.A./ACC Karachi; they are accused to have received gratification to the tune of rupees 24 millions from one Sheikh Muhammad Munawar arrayed as accused in a Financial scam to subtly defraud Utility Stores Corporation to effect a massive sale transaction through a fake ISO certification. During the inquiry, incriminatory statements of various witnesses were forensically confirmed from the computer CDR and ledgers secured from the custody of co-accused Abdul Qadir Memon, a front man in the transaction; it was on the basis of this comprehensive probe that the petitioners braced the impending prosecution.

2. Heard. Record perused.

3. A detailed parallel story related by the petitioners notwithstanding, nonetheless, they were admittedly at the helm of affairs to call the shot and thus in a position to rescue the complainant from the troubled situation he was trapped; various pieces of evidence including forensic data, beyond susceptibility of human interference, unmistakably suggest a conduct perfidious to the call of their duty hence, prima facie, cognizable. It is by now well settled that the accused in a criminal case cannot be granted anticipatory bail to subvert or undermine investigative procedure/process that essentially

include arrest in order to bring the statutory exercise to its logical end for effective and meaningful prosecution of the offence through collection of information/evidence consequent upon arrest. Mala fide, manifestly intriguing upon the intended arrest, is the only justification to suspend or divert the usual course of law, a step most extraordinary by all means; it is not a case in hand. Petition fails. Leave declined.

(A.A.K.)          Petition dismissed