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 |
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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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