The petitioner seeks pre-arrest bail in case FIR No, 20 of 2008 dated 22.8.2008, registered under Sections 409 PPC, 5/2/47 PCA at Police Station Anti-Corruption Establishment Khanewal with the allegation petitioner has made bogus appointrnents and embezzlement of Government funds.
2. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case in connivance of the complainant with malafide intention and ulterior motive. Further contends that the complainant is habitual in filing the complaints against different persons to get money. He has referred to Annexure-B to this petition in this behalf which is an official letter written on behalf of the Assistant Director Anti-Corruption Establishment, Multan Region Multan, addressed to the Director General Anti-Corruption Establishment Punjab, Lahore dated 1.11.2006. From the contents of this letter, it reveals, that the complainant prior to this complaint has filed two other complaints on which Inquiries No, 53/2005 and 120/2005 were held but the present complainant during the inquiry proceedings resiled and submitted his affidavit in this regard. He also referred Annexure-C dated 14.2.2006, which is an official office order. According to this letter, at least four persons have been appointed and assigned different duties on the recommendation of the E.D.O.
Health. Further contends that whole proceedings were conducted in accordance with law.
Appointments were made by the approval of competent authority E.D.O. Health. Salaries were given to workers whether hired on daily or monthly basis with the sanction and approval of District Account Officer. The appointing authority of the petitioner is Secretary Local Govt. of Punjab.
Departmental inquiry was conducted against the petitioner by Dr. Muhammad Khan Saleemi Authorized Medical Attendant and all the allegations levelled against the petitioner were found false. He has referred to Annexure-C, Annexure-D and Annexure-D/1 and also inquiry report as Annexure-E to this petition. He referred to AnnexureD to demonstrate the bills of the salary which were duly approved by the competent authority and thereafter payments were made to the concerned employees. He also referred to Annexure-E of this petition in order to demonstrate the appointment, attendance and payment of salaries as per record available in the office. He also referred to Annexure-E which indicates that upon the complaint of the present complainant an inquiry officer was deputed and the inquiry was held and the petitioner was declared innocent. The allegation levelled were found incorrect. He finally contends that Dr. Muhammad Khan Saleemi was deputed by the Secretary Local Government to hold the inquiry and was thus legally competent to do so. He finally contends that the petitioner is MBBS Doctor and has been appointed in Grade-18 and is presently attending the classes at Nishtar Medical College Multan in order to obtain Diploma in Child Health. This case is purely on malafide basis.
3. On the other hand, the learned DPG contends that the documents attached to this petition from pages 14 to 16 titled as inquiry report are unsigned therefore, not permissible in evidence. Further contends, that Annexure-E has no relevance with regard to the question in dispute. He has referred to the decision dated 6.2.2007 of the Provincial Ombudsman, in which the present petitioner has been declared guilty. Further contends that amount involved in this embezzlement is about 75,000/-. He further contends that this crime is against the society and the State and should not be taken leniently, therefore, the bail may be rejected.
4. It is admitted through an office order that the complainant is habitual in filling false complaints against the innocent persons which creates doubt on the prosecution version. Inquiry against the petitioner was conduct by a competent authority who have declared him innocent. No doubt the petitioner is specifically named in the FIR but in the peculiar circumstances, case against the petitioner falls within the ambit, of further inquiry. Therefore, the application is accepted and ad- interim pre-arrest bail granted to the petitioner by this Court vide order dated 5.6.2009 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.