Through this petition u/S. 497, Cr.P.C. the petitioner Abdul Latif seeks post-arrest bail-in case F.I.R. No.7 dated 30.06.2020 u/S. 161 PPC read with section 5 of Prevention of Corruption Act, 1947. registered at Police Station Anti-Corruption Establishment, Khanewal.
2. The instant- F.LR. was chalked out on the complaint of Wazeer Ahmad with the allegation that the petitioner being Block Officer of Forest Department had been receiving illegal gratification @ Rs. 5000/- per week for the last about one month and two days prior to registration of crime report, the petitioner again demanded Rs. 5000/-as illegal gratification. On the said complaint a raid was conducted and Rs. 5000/- were recovered from the petitioner .
3. Heard. Record perused.
4. It divulges from record that though it is a raid case but from the perusal of the raiding report, it is quite clear that the Magistrate or the Investigating Officer had not seen the passing of tainted money from the hands of complainant to the petitioner . Even no one had heard the conversation between the complainant and the petitioner .
Similarly , there is no evidence regarding earlier monetary transaction in respect of weekly payment of Rs. 5000/- by the complainant to the petitioner . Moreover , none of the offences with which the petitioner is charged falls within the prohibitory clause of Section 497, Cr,P.C. and in such like cases bail is a rule and refusal is an exception as laid down in the case of Tariq Bashir v. The State (PLD 1995 SC 34). The exceptions mentioned in the supra case are not available in the present case.
5. The entire evidence, so far collected by the police is based upon documentary evidence, which is already in the possession of the prosecution and there is no likelihood of tempering with the same by the accused/petitioner .
Reliance is placed on the case titled "Saeed Ahmud vs. The State " (1996 SCMR 1132). Due to the above- mentioned facts the case of the petitioner calls for further inquiry falling under sub-section (2) of Section 497, Cr.P.C. The petitioner is a government servant, therefore, there is no chance of tempering with the prosecution evidence or apprehension of his, abscondance. He is behind the bars arid no more required for further investigation. No useful purpose would be served to the prosecution for his further detention.
6, Consequently , this petition is allowed and petitioner Abdul Latif is, admitted to bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.