' Muhammad Akbar, Patwari Halqa, Tehsil and District Mardan, petitioner stands charged for having committed an offence punishable under section 161, P.P.0 . Read with section 5(2) of the Prevention of Corruption Act, 1947 (Act No, II of 1947) vide F.I.R. No,11, dated 30-10-1999 registered at Police Station, A.C.E., Mardan because bribe amount of Rs,500 was allegedly recovered from his possession by the raiding party, at the instance of the complainant namely, Zareen.
2. After his arrest the petitioner applied for bail to the Court of Special Judge, Anti- Corruption (Provincial), N.-W.F.P. Peshawar, Camp at Mardan (Syed Yahya Zahid Gilani) who dismissed the same vide his order recorded on 3-11-1999.
3. Hence this bail petition.
4. Mr. Saeed Baig, Advocate learned counsel for the petitioner and Kh. Azhar Rashid learned Assistant Advocate-General for State/respondent present and heard. Record of the case perused.
5. It may be stated at the very outset that the petitioner was charged for having received a sum of Rs,500, as bribe, from the complainant, therefore, I am in agreement with the contention of the learned counsel for the petitioner that the offence is punishable with imprisonment for a term which may extend to seven years or with fine or with both and, therefore, "bail and not the jail" would be the rule and that the petitioner would be entitled to be admitted to bail on this ground alone.
6. Accordingly without dilating upon the merits of the case at this stage I accept this bail petition.
7. The petitioner shall be released forthwith, if not required in any other case, provided he furnishes bail bonds in the sum of Rs,50,000 (Rs, Fifty thousand) with two sureties, each in the like amount, to the satisfaction of the Special Judge, Anti-Corruption (Provincial) N.-W.F.P.
Peshawar.
8. The Special Judge, Anti-Corruption Provincial shall make sure that the sureties are respectable persons/men of means having sufficient property in their names and hail from the settled area as of District Mardan. Attested copies of their identity cards as well as 'their property documents shall be obtained by the Special Judge, and sent to the Additional Registrar (Judicial) of this Court to be placed in this file for record.