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2006 YLR 1567

ZAHOOR AHMED vs THE STATE

Citation2006 YLR 1567
CourtLahore High Court
Case No.Criminal Miscellaneous No, 4214/B of 2005
Date2005-06-24
Judge(s)Asif Saeed Khan Khosa
ResultBail granted

ORDER

' ASIF SAEED KHAN KHOSA, J.---Through this petition Zahoor Ahmed petitioner has sought post- arrest bail in case F.I.R. No,93, registered at Police Station, City, Kamalia, District Toba Tek Singh on 15-3-2005 in respect of offences under sections 161/420, P.P.C. And section 5(2) of the Prevention of Corruption Act, 1947.

2. After hearing the learned counsel for the parties and going through the record I have noticed that the F.I.R. In this case had been lodged with a delay of about three years. The case in hand is not a case of a raid and recovery but is one of an alleged private payment of illegal gratification.

The record shows that the petitioner was not the Investigating Officer of the relevant criminal case and he was not himself in any position to declare any accused person involved in that case as innocent. Nothing had been recovered from the petitioner's possession during the investigation of this case. One of the offences allegedly committed by the petitioner is bailable and the other offences do not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C.

After completion of the investigation a challan has already been submitted before the learned trial Court. The petitioner happens to be a public servant, and, thus, there is little likelihood of his absconscion in case of admission to bail.

3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

Cited by 1 case

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