' Ghulam Rasool complainant made an application before the Circle Officer Anti-Corruption Mandi Baha-ud-Din with the allegation that Muhammad Anwar Patwari Halqa Mauza Khadhar received an amount of Rs,20,000 as illegal gratification from him in the presence of Muhammad Aslam and Bati P.Ws. With respect to the attestation of a mutation of gift. The mutation was entered.
Afterwards it was found that the mutation fee was not paid and the mutation was not sanctioned.
After holding the inquiry the Circle Officer Anti-Corruption Establishment Mandi Baha-ud-Din registered Crime Case No,2, dated 3-4-1996 at the instance of Ghulam Rasool under sections 161, 406, P.P.C. And under section 5 of the Prevention of Corruption Act, 1947. Muhammad Anwar Patwari petitioner-accused was arrested on 19-6-1996 in this case whose bail plea has been rejected by the learned Special Judge Anti-Corruption, Gujranwala. He has filed this petition for his admission to bail.
2. I have heard the learned counsel for the petitioner as well as the learned State counsel and gone through the record before me. Syed Muhammad Rafique Shah Circle Officer Anti-Corruption Establishment, Gujrat has brought the police file and on the query made by this Court has expressed that neither the physical remand of Muhammad Anwar Patwari was obtained nor any amount has been recovered. At the very out-set I would express that the attraction of section 406, P.P.C. Can safely be held that of further inquiry on the short observation that an amount of Rs,20,000 was not paid in trust to Muhammad Anwar Patwari by Ghulam Rasool complainant according to whom this amount was allegedly paid as illegal gratification. In my view the statement of a witness who has willingly offered and paid the illegal gratification to a public servant whose job is not done should be viewed with caution at this stage. Practically in case the required and desired relief would have been procured by Ghulam Rasool complainant, he would have kept quiet. This aspect of the matter has stolen the eminence to make me hold that the involvement of Muhammad Anwar petitioner is that of further inquiry and I am inclined to admit him to bail.
3. I, therefore, accept this application and admit Muhammad Anwar Patwari petitioner-accused to bail in the sum of Rs,20,000 (rupees twenty thousand only) with one surety in the like amount to the satisfaction of learned Special Judge Anti-Corruption, Gujranwala with the direction to appear on every date of hearing as and when required by the trial Court failing which learned trial Court may cancel his bail.
4. Copy Dasti subject to payment of usual charges.