' HASNAT AHMAD KHAN, J.---Muhammad Shafa petitioner has sought post-arrest bail in case F.I.R.
No. 19 of 2007, dated 1-9-2007 registered at Police Station Anti-Corruption Establishment Sahiwal, in respect of offences under section 161, P.P.C. Read with section 5 of Prevention of Corruption Act, 1947.
2. Precise allegation against the petitioner is that he had demanded bribe of Rs.3,000 from the complainant namely Munir Ahmad Shahid, who was not ready to accommodate him, therefore, on his move a raid was conducted and the petitioner was caught red-handed and the tainted amount was recovered from his possession.
3. In support of this petition learned counsel for the petitioner has contended that the offence allegedly committed by the petitioner does not fall within the prohibitory clause; that the complainant had filed an affidavit before the learned trial Court that he could be having no objection if the bail is granted to the petitioner, and that the petitioner being a Government servant there is no likelihood of the abscondance of the petitioner.
4. Conversely, the learned State Counsel has strenuously opposed the bail application contending that the petitioner was caught red-handed and the tainted amount was recovered from him; and that the offence committed by the petitioner is not compoundable.
5. After hearing the arguments of both the sides, I have concluded that offence allegedly committed by the petitioner does not fall within the prohibitory clause, the bail cannot be withheld as a matter of punishment. I have further observed that the petitioner being a Government servant there is no likelihood to abscond. Therefore, while A pinning my faith on the case of Tariq Bashir v.
The State (PLD 1995 SC 34) I am inclined to accept this application. Consequently, the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with one surety in the like amount to the satisfaction of the trial Court.