AFTAB AHMED GORAR, J. By way of this common order, these three bail applications filed by the applicants Meeran Shah son of Qurban Ali Shah, Haresh Kumar son of Ram Chand, Hindu, and Kouro son of Arbelo, are being disposed of arising out of Crime No.05 of 2020 of Police Station, ACE Ghotki for offences punishable under sections 409, 34, P.P.C. read with section 5(2), Act-II of 1947.
2. Briefly, the facts of the prosecution case are that on 24.12.2020 at 1600 hours, Inspector'
Kaleemullah Mahessar of ACE Police Sukkur lodged the FIR at Police Station ACE Ghotki in respect of the incident which had taken place on 15.12.2020 at 1600 hours stating therein that this case is being registered as .per permission of competent authority viz. Chairman ACC-II Sukkur dated 24.12.2020, and as per directions of Deputy Director ACE Sukkur vide No.DD/ACE/R/5646-48 dated 24.12.2020 and in the result of case Crime No.72/2020 of PS 'B' Section Ghotki on behalf of the State.
The allegations are that the accused Haresh Kumar son of Ramchand (Hindu) Private person is involved in the illegal purchase of Government Medicines in connivance with the Store Keeper, DHO Office Ghotki at Mirpur Mathelo namely Meeran Shah (BPS-16), Kouro son of Arbelo Shaikh Sweeper of DHO Office Ghotki (BPS-02) Mirpur Mathelo and others P.S 'B' Section Ghotki while patrolling on 15.12.2020 at about 1800 hours, stopped the Cultus Car No.BFR-691, on spy information searched the car in presence of mashies namely PC Ghulam Ali and PC Akber Ali of Police Station `81 Section Ghotki wherein three cartons of Government stint') medicines viz. two cartoons of Moo-Furk Co.
Injection with 280 packet per cartoon and five injections in each per packet sealed and in third carton of disposal syringes on which 1000 syringes are sealed. Thereafter such mashirnama was prepared by police for securing of medicines on spot. Thereafter, such case Crime No.72/2020 was registered at Police Station''B' Section Ghotki on the complaint of HC Abdul Qadir of Police Station 'B'
Section, Ghotki, hence the above accused have committed criminal breach of trust and abused their official authority and caused wrongful loss to the Government exchequer, as such have committed offence punishable under the above section law, hence the case was registered on behalf of State.
3. The applicants/accused on having been refused post-arrest bail by the Court of learned Special Judge, Anti-Corruption (Provincial) Sukkur Division Sukkur vide order dated 04.01.2021, have approached this Court for same relief by filing the present bail applications.
4. Mr. Rashid Khan Durrani, learned counsel for the applicant/accused Meeran Shah in Criminal Bail Application No. S-33 of 2021, contended the is the applicant/accused being innocent has been involved in this case falsely by the police; that there is no independent witness of the alleged recovery despite earlier information by the complainant; that prior to this the FIR Crime No.72/2020 was lodged at Police Station 'B' Section Ghotki thereafter, the learned Magistrate referred the matter to Special Judge Anti-Corruption Sukkur vide order dated 19.12.2020, which was allegedly impugned by the SHO Police Station 'B' Section Ghotki by filing. Criminal Revision No,37/2020, which was dismissed vide order dated 19.12.2020; that the applicant/accused has been involved at the influence of local politician of the area; that no such open inquiry was conducted in the matter prior to lodgment of the FIR, which shows the mala fides on the part of Anti-Corruption Police; that the applicant/accused being government servant would not abscond or tamper with the prosecution evidence; that the case has been challaned and the applicant/accused is in custody and no useful purpose would be served if the applicant/accused is kept under incarceration for an indefinite period; that the case against the applicant/accused is one of further inquiry, therefore, he is entitled to grant of bail. He in support of his contentions relied upon the cases of Muhammad Siddique and another v. Province of Punjab and others (2020 PCr.LJ 197) and Gulshan Solangi and others v. The State through P.G Sindh (2020 SCMR 249).
5. Messrs Ashok Kumar K. Jambha and Hamayoun Shaikh, learned counsel for the applicant/accused Haresh Kumar in Criminal Bail Application No. S-39 of 2021 contended that the applicant/accused being innocent has been involved in this case falsely by the police; that there is no independent witness of the alleged recovery, despite earlier information by the complainant; that the applicant/accused has no concerned with the medicines, whereas, he is running a General Store in Sukkur City; that intact the Police of 'B' Section Ghotki malafidely involved the applicant ( in FIR No.72/2020 and according to media reports the applicant was produced before Deputy Commissioner, Ghotki whereas, as per Newspaper clipping two accused persons were shown arrested, whereas, th6 police has shown that they arrested the applicant along with two other accused; that the applicant/accused is a private persons, hence section 409, P.P.C. does not apply; that no such inquiry has been conducted in the matter, whereas, the recording 161, Cr.P.C. statements of the witnesses is clear violation of the Anti-Corruption Rules; that the offence with which the applicant has been charged does not fall within the prohibitory clause of section 497, Cr.P.C.; that the case has been challaned and the applicant/accused is in custody and no useful purpose would be served if the applicant/accused is kept under incarceration for an indefinite period; that the case against the applicant/accused is one of further inquiry, therefore, he is entitled to grant of bail. He in support of his contentions relied upon the cases of Nisar Ahmed v.
The State and another (2014 SCMR 27); Wazir Muhammad v. The State (2015 YLR 2461); Haji Muhammad Yasin v. The State and another (2018 YLR 908) and Muhammad Bux v. The State (2018 YLR Note 38 [Sindh]).
6. Mr. Imtiaz Ali Abbasi, learned counsel for the applicant/accused Kouro in Criminal Bail Application No.S-71 of 2021 contended that the applicant/accused being innocent has been involved in this case falsely by the police; that there is no independent witness of the alleged recovery, despite earlier information by the complainant; that the applicant/accused being a Sweeper in Health Department has no concern with the medicines, that infact, the Police of 'B'
Section Ghotki malafidely involved the applicant in FIR No.72/2020; that no such inquiry has been conducted in the matter; that the case has been challaned and the applicant/accused is in custody and no useful purpose would be served if the applicant/accused is kept under incarceration for an indefinite period; that the case against the applicant/accused is one of further inquiry, therefore, he is entitled to grant of bail. He in support of his contentions relied upon the case of Sameen Asghar v. The State (2018 YLR Note 70).
7. Mr. Shafi Muhammad Mahar, DPG for the State opposed for grant of bail to the applicants/accused by contending that they were arrested by the police along with the government medicines which have been stolen from the Government Store, as such they have actively participated in the applicability of section private persons for commission of the offence; that so far as the409, P.P.C., the applicability thereof against the e offence under section 409, P.P.C., he referred to section 2(b) of Sindh Act No.IV of 1992 the Sindh Enquiries and Anti-Corruption Act, 1991. In support of his contentions h has relied upon the case of Gidshan Ali Solangi and others v.
The State through P. G, Sindh and others (2020 SCMR 249).
8. I have heard the learned counsel for the applicants/accused, learned Deputy Prosecutor General for the State and perused the record. On perusal of record, it is evident that the matter was reported to the Chairman ACC-II, Sukkur and on the approval of Committee, the above FIR was registered, wherein all the three applicants/accused have been attributed specific role that they were involved in the illegal sale and purchase of the government stamped medicines by committing fraud and forgery. Furthermore, the recovery of government medicines in huge quantity has also been effected from the possession of the applicants/accused at the time of their arrest by the police, whine prima-facie connect them with the commission of alleged offend.
Moreover, the allegations against the applicants/accused are of serious in nature, as they are involved in the illegal sale and purchase of government stamped medicines in huge quantity, thereby caused collusive loss to the government exchequer, so also the poor and needy patients were deprived of the legitimate right of provision of government medicines at Government Hospitals. If such practice is not curtailed with iron hands, the same will be repeated again and again. The offence with which the applicants are charged falls within the prohibitory clause of section 497, Cr.P.C. disentitling the applicants/accused to the concession of bail. It is well settled principle of law that deeper appreciation of evidence of material available on record could not be done while deciding bail application.
9. In view of the above, I am of the considered view that the applicants/accused have failed to make-out a case of further inquiry, as sufficient material is available against the present applicants/accused connecting them with the commission of alleged offence. Accordingly, instant bail applications stand dismissed.
10. There is no cavil to the proposition laid down in the case law relied upon by learned counsel for the applicants/accused but the facts and circumstances of the case in hand are entirely distinguishable to [he facts and circumstances of the cited case law. The observations made herein above are tentative in nature and will not prejudice the case of either party at trial.