Lahore: Lahore High Court (LHC) while approving bail after arrest of two accused persons in the case of obtaining commission of Rs 1000 from aid recipients in Ehsaas Kafaalat Program has ordered to release them maintaining this matter relates to fraud instead of criminal embezzlement which is boilable.

Justice Syed Farhad Ali Shah announced the decision on bail plea filed by Muhammad Akhtar and Muhammad Ansar.

The court maintained the existing case falls in the ambit of further investigation. Trial court will determine the role of the accused in crime after the evidence are recorded.

The court made it clear that it cannot decide finally about the innocence or otherwise of the accused persons after taking deep review of the evidence at the stage of bail.

As per written decision FIA had registered case against both the accused persons in Dera Ghazi Khan police station on July 4. The sections 109, 409 and 420 of criminal procedure of Pakistan were included in the case.

It was alleged that the accused received different amount from the aid recipients of Ehsaas Kafaalat Program in return for releasing their amount. They used one HBL contact biometric device and mobile phone. They kept national identity cards of the beneficiaries with them.

The counsel for the petitioners took the plea the allegation of embezzlement of such amount against the accused is not proved from FIR and investigation material which was entrusted by the beneficiaries to them.

The court while taking review of the text of the FIR maintained the allegation basically is this the accused were receiving Rs 1000 from aid recipients while releasing amount to them under Ehsaas Kafaalat Program.

The prosecution opposed the bail plea of the accused persons on the basis of clauses included in the case and the evidence collected during the investigation.

However the court maintained the case needs to be investigated further due to the available material at present stage.

Justice Syed Farhad Ali Shah while settling important point in the decision maintained if trust of any amount is not entrusted to any person and the allegation is only this that he kept some amount while giving his money to any person. Then such facts prima fasciae fall in the ambit of offence of fraud.

The court made it clear all the observations given in the decision are restricted to bail plea and are of temporary nature. Trial court will decide the case independently on merit.