Legal Question in Banking Law in Pakistan

*** A Bank Account holder had lodged a complaint with FIA regarding embezzlement of funds from their account by company's Clerk with collusion bank officials. FIA took custody of all the original cheques and other relevant documents under seizer Memo from Bank and investigated concerned branch's officials.

Recently one of the bank official was called by the Court and Judge advised that all bank officials would have to arrange Bail within couple of days. The Copy of Petition / Criminal complaint lodged with the Honourable Court reveals that complaint / petition was lodged with the Court at least 6 Months ago while non of the Branch officials or Bank received any Notice from the Court for appearance to file leave to defend rather few days ago Court called one of the bank official accused in the complaint and advised to arrange for Bail.

Please advise is it legitimate that without issuing any notices to the accused bank officials or bank abruptly Court is advising accused to arrange for Bail before Next Date of Hearing. Further please guide in detail as to how accused bank officials should proceed in the stated scenario and how would arrange Bail bank employees themselves or the Bank.


Asked on 8/31/13, 10:11 pm

1 Answer from Attorneys
Sheikh Mohammed Akram Nazir Akram Nazir Law Chamber

leave to defend is a provision in money recovery maters, but in hand you have a criminal case pending against the bank officials. immediately go for pre arrest bail other wise if the police made an arrest of the bank officials the post arrest bail will take time and then they will have to suffer the ordeal of arrest and detention.

you can contact on my cell for detailed discussion 0323 4638149.

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Answered on 9/20/13, 10:02 am


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