IJAZ NISAR, C.J. --- Aslam Hayat Qureshi petitioner seeks bail in case F.I.R. No. 1 of 1997 under Section 5(2) 47 Prevention of Corruption Act read with Section 109 PPC registered at P.S.FIA tate Bank Circle, Rawalpindi.
2. It is alleged that the petitioner as Secretary Commerce Government of Pakistan abusing his official position granted import licence on 13-12-1994 to- M/s. A.R.Y. Traders in violation of the terms and conditions approved by ECC. It is further alleged that with an ulterior motive the petitioner added a saving clause granting exemption to the said company of 10 per cent regulatory duty imposed subsequently on all imports.
3. Bail is urged on the ground that no irregularity had been committed by the petitioner for the grant of import licence to the petitioner as the same was also restored by the Care-taker Government vide its order dated 22nd January, 1997. It is further stated that M/s. Al-Romaizan Trading Establishment which had also been allowed to import Gold and their licence had been cancelled by Government of Pakistan on 13th October, 1996 had filed Writ Petition No. 20727 of 1996 in this Court, in which the impugned order was suspended on 8-12-1996 and later the said licence was also restored by the Ministry of Commerce Government of Pakistan, Islamabad, as a result of which the said writ petition was withdrawn.
Additionally, it is contended that the offence with which the petitioner stands charged is punishable with seven years imprisonment only and hence does not fall within the prohibitory clause of section 497(1) Cr.P.C. Besides the above ground, the petitioner is stated to be suffering from Ischaemic heart disease and un-controlled diabetes as confirmed by the Medical Board which examined the petitioner on 8-1-1997 and 21-1-1997. The petitioner is presently stated to be admitted in hospital on the advice of the Medical Board.
5. Since no one is present on behalf of the State/Prosecution I direct them, to appear alongwith the relevant record on 24-2-1997.
Meanwhile, keeping in view the state of health of the petitioner I admit him to interim bail in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.
6. Learned counsel for the petitioner apprehends that as soon as the petitioner comes out he will be again arrested in some other case for mala fide. Reasons. To avoid this situation he requests that a direction be issued to F.I.A, and the police not to arrest him in any case without permission of this Court, In support of this proposition he has referred to Zahoor Ahmad Vs. The State (P.L.D, 1974 Lah. 256) passed by Muhammad Afzal Zullah. J. (as he then was) and Syed Masood Ahsan Vs. The State, a Division Bench judgment reported in P.L.J 1993 Karachi 295. Order accordingly.
7. Copy dasti.