' SH. IJAZ IISAR, J.---In these connected petitions leave is sought against the judgment of the Lahore High Court, Lahore dismissing Criminal Miscellaneous Nos.4561-B of 1999 and 4701-B of 1999, moved by Mirza Muhammad Zulfiqar and Shahbaz Ali petitioners.
2. The relevant facts are that Mirza Muhammad Zulfiqar and Shahbaz Ali petitioners, while posted as Chief Officers, Municipal Committee, Shakargarh allegedly embezzled a sum of Rs,7,12,797 from the pension fund and paid a sum of Rs,3,05,473 to the contractors without execution of work. On the said allegations a case under sections 420/468/471/409 and 218, P.P.C. Read with section 5(2) of the Prevention of Corruption Act, 1947, was registered against them at Police Station Anti- Corruption Establishment, Narowal on 2-6-1999 on the report of Secretary to the Government of the Punjab, Local Government, Rural and Development Department, Lahore.
3. After their arrest, the petitioners moved bail applications in the High Court, which were dismissed on the ground that the case fell within the prohibitory clause of section 497(1), Cr.P.C. And further that being responsible officers they were required to look after all the affairs relating to the Municipality.
4. It is contended on behalf of the petitioners that they were not concerned with the handling of accounts which was the primary responsibility of the Chairman and the Accounts Officer. No material is available with the Investigating Agency to show that they had recommended or authorised the payments to the contractors, and further that there is no material showing any embezzlement or misappropriation of any amount from the pension fund. No inquiry was held before taking action against the petitioners, and they were arrested as soon as they appeared before the Assistant Director Anti-Corruption, in pursuance of notice to join the inquiry.
5. After hearing the learned counsel for the petitioners and the learned counsel representing the State, we are of the view that the Anti-Corruption Establishment had shown haste in arresting the petitioners. They were trapped when they appeared in response to a notice to join the inquiry. They were yet to be confronted, with the material collected by the Anti-Corruption Establishment against them, but without providing a reasonable opportunity to them of meeting the charge they were arrested. The assertion made on their behalf that they were not directly concerned with the account matters needs consideration.
' Accordingly, we convert the petitions into appeals, allow the same, and admit both the petitioners to bail in the sum of Rs,1,00,000, each, with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Saddar, Lahore.