' Muhammad Nasrullah Khan petitioner is an accused person in case F.I.R. No,36 registered at Police Station Anti-Corruption Establishment, Faisalabad on 1-9-1999 for offences under section 161, P.P.C.
Read with section 5(2), Prevention of Corruption Act, 1947. The allegation against the petitioner is that while working as a Patwari he had demanded and then received a sum of Rs,1,000 from Ahmad Sher complainant for getting a mutation entered. The petitioner was caught red-handed by a raiding party alongwith the tainted note on 1-9-1999. Subsequently, an application submitted by the petitioner for his post-arrest bail was dismissed by the learned Special Judge, Anti- Corruption, Faisalabad vide order, dated 16-10-1999. Hence, the present petition before this Court.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner had been caught red-handed with the tainted money. The raiding Magistrate as well as the witnesses of the raid and recovery had no background of or bitterness against the petitioner so as to falsely implicate him in this case. It is true that the raiding Magistrate as well as the other members of the raiding party had not heard the conversation between the complainant and the petitioner and had also not seen the passing of the tainted money to the petitioner but as far as the complainant himself is concerned the learned counsel for the petitioner has failed to point out any animosity nourished against the petitioner by the complainant for levelling the said allegations against the petitioner. It is true that the offences invoked in the F.I.R.
Against the petitioner do not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. Yet it is equally true that it is not a universal principle that in all such cases bail must always be granted. A serious allegation of corruption has been levelled against the petitioner in the present case. In view of rampant corruption in the society and also in view of the fact that the petitioner had been apprehended by the raiding party at the spot with the tainted money. I have not felt persuaded to exercise my discretion in favour of the petitioner in the matter of bail. The learned counsel for the State has informed that the investigation against the petitioner has already been concluded and a challan has already been prepared wherein the Investigating Agency has felt convinced of the guilt of the petitioner. Prima facie reasonable grounds do exist to believe in the involvement of the petitioner in the offences alleged against him. Thus, finding no merit in this petition the same is hereby dismissed.