' The present case was registered vide F.I.R. No,30 dated 23-8-1982 under section 409, P.P.C. And section 5(2) of the Prevention of Corruption Act, 1947, at Police Station Anti-Corruption, Gujranwala, against Abdul Latif petitioner and his three co-accused Muhammad Salim, Muhammad Arif and Abdur Razzaq. It was alleged therein that 400 bags of fertilizer valuing Rs,40,000 were received in the Co-operative Society, Sadhoki, but instead of distributing the same amongst the members of the Society, the said 400 bags were sold away in black market and the proceeds thereof misappropriated by them. Abdul Latif is the Secretary and Muhammad Salim is the Treasurer of the said Co-operative Society while Muhammad Arif and Abdur Razzaq are the Inspectors of the Co- operative Societies Department. Abdul Latif, Muhammad Salim and Muhammad Arif accused were arrested while Abdur Razzaq secured hail before arrest. Muhammad Arif was also allowed bail by the learned Special Judge. The present petitioner Abdul Latif and his co-accused Muhammad Salim arc in judicial lock- up. Abdul Latif petitioner unsuccessfully moved application for his bail before the learned Special Judge. Hence this petition.
2. It is contended by the learned counsel that 400 bags of fertilizer were received by Muhammad Salim who disposed of the same at that very time without bringing the stock on the register of the Society. It is, therefore, argued that Abdul Latif petitioner was never entrusted with 400 bags or any part thereof by Muhammad Salim and as such, was not involved in the entire occurrence. It is further argued that there is no evidence to indicate that Muhammad Salim paid any amount to Abdul Latif as share for misappropriation of the said amount.
3. Zulfiqar Ali, Inspector who is investigating this case, states that according to the prosecution story, 400 bags of fertilizer were received by Muhammad. Salim who without bringing the same on the record of the Society sold the the same at that very occasion. In view of this, I find that the case of the petitioner is that of further inquiry. He is allowed bail till the disposal of the case in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of A.C., Gujranwala.