2008 PLP 1990 (YLR)

IQBAL HAMEED UR REHMAN, J.

The petitioner seeks post-arrest bail in case F.I.R. No.7, dated 7-6-2007 registered section 5/2/47, P.C.A, read with section 161, P.P.C. at Police Station ACE Vehari.

2. Briefly stated the prosecution case as contained in the F.I.R. is that son of the complainant Muhammad Sarfraz passed 5th class examination from Pilot Public High School, Pakhi Mor, District Vehari in the year 2004. The son of the complainant was awarded scholarship which was to be paid in three years. After the expiry of three years he approached Rashid Ahmad. Office Superintendent, District Education Officer, Vehari/petitioner to receive the outstanding amount of scholarship but unsuccessfully. The petitioner demanded illegal gratification of Rs.3000 for the needful and on complainant's assurance the petitioner handed over the prescribed forms which were produced before the Principal Pilot Public High School. On 7-6-2007 a raiding party headed by the Magistrate conducted raid and recovered the tainted money of Rs.3000 in the manner that the petitioner himself took out the tainted money from drawer of his office table and produced before the raiding Magistrate.

3. It is contended by learned counsel for the petitioner that the petitioner is at the verge of his retirement; that some one placed the tainted money in the drawer of office table when the petitioner was away in connection with his official duty; that the petitioner is a heart patient and is in need of constant medical care and treatment; that the petitioner is a previous non-convict; that the offence does not fall within the prohibitory clause and that the petitioner is behind the bars for the last three months and six days.

4. On the other hand, the learned Deputy Prosecutor-General has opposed the bail application and stated that the recovery of Rs.3000 was effected from the drawer of the office of the petitioner.

5. Arguments heard. Record perused.

6. The petitioner is 60 years and is suffering from heart disease. The petitioner .could not receive the treatment of his choice in the jail hospital nor the jail authorities could look after him. Therefore, the petitioner is entitled to bail on medical ground. Reliance in this respect is placed upon Senator Asif Ali Zardari v. The State (2001 PCr.LJ 1117) and Kodomal and another v. The State (2001 PCr.LJ 1789). The Magistrate did not hear the conversation between the petitioner and the complainant. This needs further inquiry into the matter whether the amount of Rs.3000 was handed over to the petitioner as advanced money. Reliance is placed upon Muhammad Tufail v. The State (1996 PCr.LJ 1499). The offence with which the petitioner is charged does not fall within the prohibitory clause and in such like cases, grant of bail is a rule and its refusal an exception. Reliance is placed on PLD 1995 SC

34. The petitioner is no more required by the police for the purpose of investigation. The petitioner is serving as a Government Servant in the Education Department and he is going to be retired on 31-12-2007, therefore, there is no apprehension his abscondence.

7. In view of the above circumstances and relying upon the authorities referred to above the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.50,000 (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court. H.B.T./R-21/L Bail granted.