2011 PLP 1761 (MLD)

SARDAR MUHAMMAD SHAMIM KHAN, J.

Sheikh Mukhtar Ahmad, petitioner, seeks his post arrest bail in a case registered against him vide F.I.R. No.09 dated 8-3-2010 for the offence under sections 409, P.P.C., 5(2)/47 PCA, registered at Police Station Anti-Corruption Establishment, District Khanewal.

2. Precise allegation against the petitioner, as per contents of F.I.R., is that he being Agronomist along with his co-accused namely Muhammad Rafique embezzled/misappropriated cotton crop, wheat crop and mung beam crop belonging to Agronomist Research Station, District Khanewal and thereby caused huge financial loss to the said Research Station.

3. Learned counsel for the petitioner submits that F.I.R. against the petitioner was lodged with extraordinary delay of many years without any plausible explanation; that allegations against the petitioner are of general nature; that Secretary Agriculture vide his letter dated 20-3-2010 has exonerated the petitioner from the charges levelled against him in this F.I.R.; that the prosecution has, collected all documentary evidence which is available with him and the same was not likely to be tampered with by the petitioner; that co-accused of the petitioner Muhammad Rafique was granted bail by this court vide order dated 1-9-2010 so, keeping in view the rule of consistency, the petitioner is also entitled to the grant of bail. Reliance has been made on "Hussain Haqani v. The State" (2000 PCr.LJ 161) Karachi. In view of the above mentioned contentions, learned counsel for the petitioner prayed for the grant of bail to the petitioner.

4. Learned D.P.-G., on the other hand, has opposed this petition on the grounds that the petitioner was involved in the embezzlement of various crops belonging to Agronomist Research Station, Khanewal and thereby caused huge financial loss to the said Research Center; that petitioner along with his co-accused Muhammad Rafique were found guilty during investigation; that the case of the petitioner is not at par with the case of his co-accused Muhammad Rafique who had been granted bail by this court so, the petitioner is not entitled for the grant of bail.

5. I have heard the arguments of learned counsel for the parties and have perused the record with their able assistance.

6. It has been noticed that this F.I.R. was registered on 8-3-2010 with regard to an occurrence which allegedly took place between the year 2004 to March 2006 with extraordinary delay of about more than four years without any proper explanation. Perusal of F.I.R. also reveals that the complainant has levelled joint allegations against the petitioner and co-accused Muhammad Rafique. The Secretary Agriculture vide his letter dated 20-3-2010 exonerated the petitioner as well as co-accused Muhammad Rafique from the charges levelled against them. During investigation, Deputy Director Investigation, Anti-Corruption Establishment Multan Region, Multan came to the conclusion that allegation of embezzlement of wheat crop, mung beam crop and cotton crop were proved against Sheikh Mukhtar Ahmad petitioner and Muhammad Rafique Laboratory Assistant. They acted as a team. Muhammad Rafique Laboratory Assistant being the initiating official and the petitioner being the approved forum, have joint responsibility of commission of offence.

7. In this view of the matter, the case of the petitioner is at par with the case of co-accused Muhammad Rafique who had already been granted bail by this court vide order dated 1-9-2010. All the documentary evidence has already been collected by the prosecution and the same was not likely to be tampered with by the petitioner.

8. For what has been discussed above, case of the petitioner comes within the purview of further inquiry. So, this petition is accepted and the petitioner is admitted to bail, subject to furnishing bail bonds in the sum of Rs.1,00,000 (Rupees One Lac only) with one surety in the like amount to the satisfaction of learned trial Court. N.H.Q./M-109/L Bail granted.