2017 PLP 337 (YLRN)

ANWAR HUSSAIN, J.

Through this Bail Application, Applicant Muhammad Saleem Khan, seeks Post Arrest Bail, after rejection of his Bail Application vide Order dated 3.12.2015, passed by learned Incharge Judge, Anti-Corruption (Provincial) Badin, in Crime No. 16 of 2015, under section 161/34, P.P.C. read with section 5(2), Act II of 1947.

2. Brief facts as per FIR are that Complainant Shah Jahan stated that he is owner of immovable property of 5000 sq. ft near Mehran Shadi Hall, Badin City and he was constructing shops over the area of 1100 sq.ft. On 20.11.2015, Muhammad Saleem Khan, Inspector and Shams Shah Clerk from Sindh Building Control Authority, Hyderabad, came at the Site and demanded Site Plan, Challan etc. and the Complainant said to them that construction of his house is old one and he is constructing the shops only and the said Officials were asked by the Complainant to arrange for him the Site Plan and Challan of the Shops; whereupon the said Accused persons said that the Challan would be for the entire plan, otherwise the entire house would be demolished. The said persons demanded bribe of Rs.4,00,000/- from the Complainant and ultimately agreed to Rs.1,00,000/- and that the accused persons will come on 26.11.2015, for receiving Rs.50,000/- and the remaining Rs.50,000/- would be received from the Complainant on 30.11.2015. The Accused persons on 26.11.2015 at 11:00 a.m. will come to the Complainant's place for receiving bribe of Rs. 50,000/- for which the Complainant has lodged this Report.

3. After arranging the Raid/Trap Party by ACE Police the Accused/ Applicant, was arrested on 26.11.2015, from Mehran Hotel, Badin and Rs.50,000/- was recovered from the said Applicant/Accused.

4. After hearing the learned Counsel for the Applicant and learned APG, who opposed the Bail Application and after going through the case file I have observed as follows:-- a. Admittedly the Trap Party did not hear the conversation between the Accused and Complainant Party, at the time when the bribe amount was finalized and partly amount paid and remaining amount was agreed to be paid on 26.11.2015; b. Admittedly the Applicant has been arrested as per arranged Trap, wherein two private mashirs were earlier arranged, but the Accused was arrested from the Hotel, and inspite there is no independent Mashir shown from the spot and even no attempt has been shown for the same on the part of Police, as such the requirement of Section 103 Cr.P.C. is missing; c. As per FIR the Applicant/ Accused persons agreed to visit the Complainant's place for getting the bribe amount, whereas the Applicant/Accused has been arrested from another place i.e. Hotel; d. The offence does not fall within the Prohibitory Clause of section 497(1), Cr.P.C. and the grant of bail in such cases is a rule and refusal is an exception; e. The Applicant is a Government Servant and the Investigation has been completed as such the custody of the Applicant is no more required by the Prosecution; f. 2013 PCr.LJ 1051 and SBLR 2015 Sindh 1116, cited and relied upon on behalf of Applicant are relevant and are in support of the aforesaid observations.

5. In view of the above, the case of the Applicant falls with the ambit of section 497(2), Cr.P.C. and as such the Applicant is entitled the concession of bail. Accordingly, the Applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs. 1,00,000/- [Rupees One Lac only] and PR Bond in the like amount to the satisfaction of Trial Court.

6. The above observations are tentative and shall not prejudice the case of either side before the trial Court. HBT/M-50/Sindh Bail granted.