AFTAB AHMED GORAR, J.---Through instant criminal miscellaneous application, the applicant seeks cancellation of bail, granted to the respondents namely, Riaz Ahmed Waggan, Irshad Ali Jesar and Ghulam Hyder Chandio vide order dated 28.05.2015, passed by the Incharge, Special Judge, Anti-Corruption (Provincial), Hyderabad/Sessions Judge, Badin, in crime No.01/2015, police station ACE, Badin, under sections 409, 420, 465, 468, 471, 477-A, 34, P.P.C. Read with section 5(2), Act-II, 1947.
2. Allegations against the respondents are that they are involved in criminal dishonest misappropriation of an amount of Rs.60,50,700/- of the funds, breach of trust, cheating and preparation of erroneous and incorrect record in respect of providing and fixing of Chanin Lin Fance along with boundary of wild life safari at Doharki Forest District Badin during the year 2011- 2012 upto 2013-2014, while the respondents were posted as public servants in the Forest Department.
3. Syed Meeral Shah Bukhari learned D.P.G. Sindh for the State has contended that the respondents are involved in misappropriation of a huge amount worth Rs.60,50,700/- after inquiry by Technical Officer, Anti-Corruption, Sindh, such gross illegalities on the part of the respondents have been found. Allegedly, the respondents being public servants in the Forest Department, at that time, have cheated and caused huge loss of the afore-said amount to the government. He further contended that the trial Court has not considered the fact of such serious allegations against the respondents being public servants and granted bail to them, which is liable to be cancelled. He further contended that if such type of persons being public servants are admitted to bail, such practice of embezzlement of huge funds of the government by the others would also continue. He contended that in order to control such type of crime and to save the government funds, the respondents may be disregarded as they have been found in misappropriation of funds during the inquiry conducted by Technical Officer, Anti-Corruption. Lastly, he prayed for cancellation of bail.
4. On the other hand, Mr. Sarfraz Ali Metlo, learned counsel for the respondents argued that no ground for cancellation of bail is urged. He contended that FIR has been lodged after un-explained delay of 3/4 years without proper inquiry and record of the alleged allegations. He further contended that the respondents have been implicated in the instant case falsely due to political enmity. He further contended that the instant case is fit for further inquiry and no useful purpose would be served, if the respondents are kept behind the. Bars for an indefinite period after cancellation of their bail. He prayed for dismissal of instant criminal miscellaneous application.
5. I have heard the learned D.P.G. For the State; learned counsel for the respondents and minutely perused the material available on record.
6. Admittedly, the alleged offence pertains to the years 2011-2012 to 2013-2014 and the FIR is delayed for 3/4 years without plausible explanation. It is also not pointed out by the learned D.P.G.
Appearing on behalf of State as to whether any complaint or inquiry was pending against the respondents, while they were government servants in the Forest Department. Case has been challaned and respondents are attending the trial Court. Until and unless any cogent reason is brought on record, which connect the respondents in the commission of alleged offence, they cannot be kept behind the bars for an indefinite period after cancellation of their bail. No any ground is urged which shows that the respondents have misused the concession of bail; mere saying involvement of the respondents in the alleged offence does not mean that they have committed the same. It is open for the prosecution to bring cogent evidence to substantiate its claim against the respondents during trial of the case and the trial Court would decide the case in accordance with law.
7. In view of the above facts, I am of the considered view that the applicant has failed to substantiate his claim, prima facie, and accordingly the instant criminal miscellaneous application is dismissed. Above are the reasons for my short order pronounced in open court on 14.12.2015.