S. 409--Prevention of Corruption Act, (II of 1947), S. 5(2)--Bail after arrest, grant of--Further inquiry--Allegation of--Possession over disputed Government land--

 PLJ 2022 Cr.C. 822

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

----S. 497(2)--Pakistan Penal Code, (XLV of 1860), S. 409--Prevention of Corruption Act, (II of 1947), S. 5(2)--Bail after arrest, grant of--Further inquiry--Allegation of--Possession over disputed Government land--The I.O present before Court after perusing states that petitioners have misappropriated wheat crop in collusion with revenue staff, as such, culpability of petitioners would be determined by trial Court, after recording prosecution’s evidence--The petitioners are previous non-convict, behind bars since their arrest and keeping them behind bars for an indefinite period would serve no useful purpose--All these factors accumulatively render case of petitioners within realm of further inquiry--Bail allowed.                                                         [Pp. 823 & 824] A

Syed Jaffar Tayyar Bukhari, Advocate for Petitioners.

Mr. M. Abdul Wadood, Addl. Prosecutor General for State with Shahid Mehboob, Director, Abdul Majeed Circle Officer, Anti-Corruption Establishment, Dera Ghazi Khan.

Mr. Zahid Mubarik, Assistant Director Legal.

Mr. Mujahid Bahsir Gurmani, Advocate for Complainant.

Date of Hearing: 11.8.2021.

 PLJ 2022 Cr.C. 822
[Lahore High Court, Multan Bench]
Present: Anwaarul Haq Pannun, J.
SHAMS-UL-ISLAM and another--Petitioners
versus
STATE and 2 others--Respondents
Crl. Misc. No. 4171-B of 2021, decided on 11.8.2021.

Order

Report on behalf of Regional Director, Anti-Corruption Establishment, Dera Ghazi Khan Region filed.

2. Through this petition, the petitioners Shams-ul-Islam and Munawar Iqbal seek their release on post arrest bail in case/FIR No. 17 dated 14.11.2020, offence under Section 409, PPC read with Section 5(2) of the Prevention of Corruption Act, 1947, registered at Police Station Anti-Corruption Establishment Dera Ghazi Khan.

3. Arguments heard and record perused.

4. Learned counsel for the petitioners on instructions of the petitioners states that neither the petitioners are currently in possession over the disputed government land nor they again make any resort to take possession over the said land. On the other hand, the Director, Anti-Corruption Establishment, Dera Ghazi Khan, present before the Court undertakes to complete the investigation against all the accused persons within two months. The I.O present before the Court after perusing the record states that the petitioners have misappropriated the wheat crop in collusion with the revenue staff, as such, the culpability of the petitioners would be determined by

learned trial Court, after recording prosecution’s evidence. The petitioners are previous non-convict, behind the bars since their arrest and keeping them behind the bars for an indefinite period would serve no useful purpose. All these factors accumulatively render the case of the petitioners within the realm of further inquiry, resultantly, subject to their furnishing bail bonds in the sum of Rs. 100,000/- (one lac) each, with one surety each, in the like amount to the satisfaction of learned trial Court, the petitioners are admitted to post arrest bail and this petition stands allowed accordingly.

(A.A.K.)          Bail allowed