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1987 SCMR 1158

MUHAMMAD YOUSAF vs Captain (Retd.) ABDUL QAYYUM And Another

Citation1987 SCMR 1158
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 3 of 1987 Criminal
Judge(s)Nasim Hasan Shah, Saad Saood Jan
ResultPetition dismissed

SAAD SAOOD JAN, J.--The petitioner in this petition for special leave to appeal seeks cancellation of pre-arrest bail which has been granted to respondent No.1 by the High Court.

2. Respondent No. l is an Executive Engineer in the Highway Division of the Provincial Government.

The petitioner filed a complaint against him with the Directorate of Anti-Corruption. In the complaint as many as 22 allegations were made against him. These allegations related to misappropriation of funds, irregularities in inviting and accepting tenders and tampering with the official record. On the basis of this complaint a case under sections 468, 471 and 409 of the Pakistan Penal Code and section 5(2) of the Prevention of Corruption Act was registered by the said Directorate against respondent No.1. An Assistant Director Anti---Corruption held a detailed inquiry and found substance in only three allegations. These related to tampering with the tender documents. As it was not established that respondent No.1 had taken any money or bribe, the Assistant Director recommended that only departmental action be taken against him. On the basis of the findings of the Assistant Director Anti-Corruption the High Court allowed pre-arrest bail to respondent No.1.

3. After hearing the learned counsel for the petitioner, we have not been persuaded that any case for interfering with the order of the High Court has been made out. It is also to be noticed that the State has not cared to agitate against the order of the High Court. We would accordingly dismiss this petition.

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