' MAZHAR IQBAL SIDHU, J.---Zulfiqar Ali Baloch petitioner seeks post-arrest bail in a case registered vide F.I.R. No,26 dated 25-6-2011 at Police Station F1A, ACC, Lahore on the complaint of Rifaqat Ali under section 161, P.P.C. Read with an offence under section 5(2) Prevention of Corruption Act, 1947.
2. Succinctly, the prosecution story is that complainant met the petitioner for his solving legitimate electrical problem but the petitioner demanded illegal gratification Rs,50,000 to which the complainant did not want to give and he managed a raid under the supervision of learned Magistrate, the same was carried out on 26-5-2011 at about 12-30 p.m and in the raid proceeding Rs,50,000 were taken into possession from the pocket of the petitioner on being verified were found to have been marked by the learned Magistrate. Petitioner was apprehended and then was sent to judicial lock up.
3. Learned counsel for the petitioner has argued that the petitioner is a Gazetted Officer, he has no criminal antecedent, he is a highly qualified officer, a false raid was got managed spitefully to make the career of the petitioner gloom; that nothing was recovered from the personal search of the petitioner; that the petitioner being Sub-Divisional Officer in LESCO (WAPDA) has initiated criminal proceedings against so many persons including the complainant for the commission of theft of electric energy, the complainant wanted that the petitioner might help him in his illegal activities as to the stealing of electric energy to which the petitioner gainsaid; that the investigation has been completed and the offence alleged does not fall within the prohibitory clause of section 497, Cr.P.C. And the petitioner being prisoned is no more required for further investigation, therefore, bail may be allowed.
4. Learned Standing Counsel for Federation of Pakistan assisted by the learned counsel for the complainant has opposed the bail application. It has been submitted that petitioner is nominated in the F.I.R.; he was trapped flagrante-delicto; sufficient amount of perks has been recovered from his personal search as to the same petitioner remains fizzled out in offering any explanation before the learned Magistrate and even during the investigation, it has been brought on record, the petitioner himself blackmails the licensees connection holders; complainant has been paying electric bill regularly even over charges on account of lawlessness of running of the meter and much before the happening of incident he had moved an application for the replacement of his electric meter and has fulfilled all its legal requirements despite of the fact the petitioner has not done so; that indubitably the offence, alleged does not fall within the prohibitory clause of section 497, Cr.P.C. But this fact does not itself provide a right to an accused to be enlarged on bail though the practice of the court is that the accused involved in such-alike cases are granted bail but the instant case falls within the category of recognized exceptional circumstances to decline the relief prayed for; that the learned counsel for the complainant has argued through the documents in order to establish involvement of the petitioner. Lastly; it has been submitted that in the recent past petitioner has been sent to judicial lock up, therefore, at this stage he is not entitled for the concession of bail.
5. Hearkened. Record perused.
6. In the circumstances of the case arguments are bifurcated i,e, that before the alleged raid what was the behaviour of the complainant and how the petitioner has been behaving with him. Record shows that electric meter of the complainant was found slow in running as its yellow face was found dim then on the basis of multiplying factor he was continuously being issued bills which were being paid regularly, copies, of the same are available on the record and the complainant had moved an application much earlier to the incident for the replacement of his meter, the same was processed and all legal requirements were fulfilled. Demand notice issued by the Department was complied with notwithstanding the petitioner did not pay any heed and the meter was not replaced. Even before the incident, the complainant is on litigation departmentally. It has been found that the complainant is not a defaulter although according to learned counsel for the complainant excess (over charging) in billing has been caused by the Department, in this way, it is concluded that on account of the behavior and working of the petitioner-complainant was feeling aversion and otherwise monetary loss. Now as to the happening of this incident after the accomplishment of entire legal formalities, learned Magistrate carried out a raid, he in the police posse recovered tainted amount and the same was firstly presented before the learned Magistrate who marked it for identification and then the same was handed over to the complainant who further gave the petitioner which was recovered. No malice has been seen on the part of the learned Magistrate or the police official to become false witnesses against the petitioner, even no hiatus has been found in the raid proceedings and sufficient material is available on the record connecting him with the commission of crime. Of course, the alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C. But this fact by itself does not create a right in favour of an accused to be granted bail nor it is a law even the bail can be refused in such cases. Another hoodoo aspect of the case is that the persons who are sitting on the helm of affairs being highly educated knowingly take perks for the legitimate work and dishonestly make amass of wealth by passing over the fear of accountability before the Almighty Allah and then again they claim to be respected. Furthermore element of corruption has pervaded in our society in such away that perhaps the corrupt and dishonest persons have become blind-folded and their conscience have become dead. Remorsely it is described pivotal personally in a family life the mother under whose feet Elysium lies has morally become weaker or otherwise her conscience has become dead that is why she does not dare to enquire from the bread-winner of the family that from where and why he brings wealth, notwithstanding knowing it that resources do not permit. Moral values in the society have got radical changes. Albeit we live in Muslim society and listen at least five times reverberation of "Aazan" in a day but the same does not cause any effect upon us. Symbol of respect in our society has become only the element of wealth but the Islam while providing a complete code of conduct does not accept such like values in the Muslim society. However, Islam permits investment but not in a corrupt and illegal ways as well as by extortion. I have been enlightened in disposing of the instant petition by a celebrated judgment of the Hon'ble Supreme Court of Pakistan reported as Imtiaz Ahmed and another v. The State (PLD 1997 SC 545). It has been observed as below:-- "that by now it is a well-settled proposition of law that even in respect of offences not falling under prohibitcry clause of section 497, Cr.P.C. The Courts may decline to admit an accused to bail if there exists a recognized exceptional circumstances."
"The Courts should not be oblivious of the fact that at present Pakistan is confronted with many serious problems/difficulties of national and international magnitude, which cannot be resolved unless the whole Pakistani nation as a united entity makes efforts. The desire to amass wealth by illegal means has penetrated in all walks of life. The people commit offences detrimental to the society and the county for money. Some of the holders of the public office commit or facilitate commission of offences for monetary consideration. In the above scenario the Courts' approach should be reformation-oriented with the desire to suppress the above mischieves. To achieve the above objective, it is imperative that the Courts should apply strictly the laws which are designed and intended to eradicate the above national evils but at the same time, they are duty bound to ensure that the above approach should not result in miscarriage of justice. It should not be overlooked that Article 9 of our Constitution, which relates to a fundamental right, guarantees life and liberty of every person. Life, inter alia, includes the right to have access to a fair and independent judicial forum for redress. A balance is to be struck between national and individual interest/right."
7. For what has been discussed above, no ground is made out for the grant of bail, hence the instant petition is dismissed.