' ABDUL SAMI KHAN, J.---Through this petition under section 498, Cr.P.C, Muhammad Anwar Javed and Muhammad Younas petitioners have sought bail before arrest in case F.I.R. No, 42/10, dated 8- 12-2010 registered at Police Station A.C.E Vehari in respect of offence under section 409, P.P.C. Read with section 5(2) of Prevention of Corruption Act, 1947.
2. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely involved in this case by the complainant. The complainant has got no concern with the T.M.A who is a private person. Further submits that four inquiries were conducted and in each and every inquiry, the loss caused by the petitioner to the Government Exchequer is adjusted. Even otherwise, the amount of loss has been adjusted by the concerned authorities from the security, of Contractor already lying with the Department. Submits that mala fide of the complainant and the Anti-Corruption Establishment is apparent from the face of this case. The provisions of section 409, P.P.C. Are not attracted in this case. The petitioners have joined the investigation and same has been completed. Nothing is to be recovered from the petitioners. The petitioners are respectable Government officials and if arrested, would be humiliated and their career would be destroyed.
3. On the other hand the learned Deputy Prosecutor-General contends that there is absolutely no mala fide on the part of the A.C.E. The petitioners are named in The and all the inquiries which have been conducted reveal that some loss was caused to the Government Exchequer however, after going through the record, the learned Deputy Prosecutor-General admits that the loss which has been caused, has been deducted from the security of the Contractor already lying with the department. Further submits that the offences with which the petitioners have been charged, are non-bailable so, their bail before arrest be dismissed.
3. Arguments heard, record perused.
4. This is bail before arrest which is an extraordinary remedy. Deeper appreciation of the case is not allowed at this stage. Although, the petitioners are named in the F.I.R. Yet during the course of investigation, different inquiries were conducted and especially by the committee which was constituted under the order of this Court. During the investigation, it A reveals that the loss caused to the Government Exchequer has already been recovered by the Department from the security of contractor already lying therewith. The petitioners have joined the investigation and admittedly, nothing is to be recovered from them. The petitioners are not required for the purpose of recovery so, sending them to the judicial lock up would not serve any useful purpose at this time. The petitioners are Government employees and there is no chance of their abscondance. There is no chance of the petitioners tampering with prosecution evidence as all the relevant documents are in possession of the prosecution.
5. For what has been discussed above the case against the petitioners calls for further inquiry. This petition is, therefore, allowed and ad interim pre-arrest bail already allowed to the petitioners on 7- 5-2012 is hereby confirmed subject to furnishing fresh bail bonds in the sum of Rs,1,00,000 (Rupees One hundred thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court. However, the observations made in this case are tentative in nature and would not prejudice the trial.