JUDGMENT KHAWAJA MUHAMMAD SHARIF, J.- This order dispose of Crl. Misc. Nos. 7538-B and 7582-B of 2000 filed by Aamar Rasheed and Zakir Ali Naseem respectively. The allegation against both of them is that they in-collusion with other had committed a fraud of Rs. 65,00,000 in' the Education Department of Municipal Corporation, Lahore. Both the petitioners were arrested on 3.10.2000. Muhammad Aslam Niazi, LO is present in Court. He submits that petitioners remained on physical remand for 13 days but nothing was recovered from them. He further submits that Zakir Ali Naseem, petitioner was Assistant Education Officer but he was posing himself Drawing Disbursing Officer and he had been making wrong entries. In the bills. As far as Aamar Rashid petitioner is concerned, he is Assistant Accountant in Metropolitan Corporation, Lahore, that he has committed a fraud of Rs. 3,00,000/-.
2. Learned counsel for the petitioners submit that in fact main accused in this case is Muhammad Riaz, Director Education who had authorised Khalid Saeed Butt, Clear, now fugitive .From law, who had'' committed a fraud. He further submits that Zakir Ali Naseem never posed himself as D.D.O. As far as Aamar Rashid is concerned the only allegation against him is that he forwarded the bills. I have asked the learned Addl. A--G., Ch. Muhammad Hanif Khatana to assist me in this case. He submits that petitioners are Government servants they should be allowed bail to defend themselves before the Court of law.
3. I have heard the learned counsel for the parties. I had allowed bail to one of the accused Aurangzeb in Crl. Misc. No. 6582-B/2000. Petitioner was arrested on 3.10.2000 and since then he is in Jail.-Specimen signatures of relevant persons have been sent to the Hand writing Expert but till today no result thereof has been received. About three months have passed but the challan has not been submitted so far. The 1,0. Present in Court submits that there is no possibility of submitting the challan in Court in near future because many accused 4n this case are yet to be arrested. He admits that he had not taken the specimen signature of Muhammad Riaz, Director Education. After hearing the submissions made by the parties, I am-of the considered view that petitioners cannot be kept in judicial custody for indefinite period. In this view of the matter, the case of the petitioners falls under sub-section (2) of Section 497, Cr.P.C. And even keeping in view that learned Addl. A.-G.
Is not in a position to oppose the legal Position of the case, I admit both the petitioners to bail in the sum of Rs. 1,0, 000/- with one surety each in the like amount to the satisfaction of Trial Court.