2004 PLP 1947 (MLD)

Seeks post-arrest bail in case F.I.R. No.10 of 2000, dated 25-3-2000 under section 5 of Prevention of Corruption Act, 1947 read with sections 409/420/468/471, P.P.C. Registered at Police Station ACE, Hafizabad.

2. Briefly allegation against the petitioner is that he along with his father and brother established a fake Co-operative Society under the name of Anjumane Imdade Bahimi Akhwan and obtained Rs.2,20,000 (rupees two lacs and twenty thousand) from the Punjab Provincial Cooperative Bank., Hafizabad. Allegedly the said amount was not disbursed among the members of the Society and the same was misappropriated by petitioner) It is further alleged that the petitioner has appointed his brother as Accountant and father as President of the said fake society. During the investigation petitioner was arrested on 28-7-2003. Bail application of the petitioner was dismissed by Special Judge, Anti-Corruption, Gujranwala vide order dated 12-9-'2003, hence this petition.

3. Heard. File perused. Record of this case reveals that this case was registered in the year 2000, whereas petitioner was taken into custody on 28-7-2003. During the investigation petitioner was got declared, proclaimed offender after complying with legal formalities and this was the main factor which weighed with the learned Special Judge while refusing the bail to the petitioner. The record of the case clearly shows that petitioner being S.I. In the Office of Assistant Registrar Co-operative Society, Hafizabad had been attending the office and drawing the salary. It is not understandable as to how the process-server made statement before the Court about non-availability of the petitioner during the proceedings under sections 87/88, Cr.P.C. The genuineness of the proceedings under sections 87/88, Cr.P.C. Is not free of doubts. It is also apparent from the record that with regard to the loan obtained by the petitioner, a departmental inquiry was conducted and the petitioner was exonerated by the Inquiry Officer vide order dated 31-3-1998 but later on after the lapse of almost two years the present case was registered in the year 2000. Admittedly the investigation of this case is complete and petitioner is no more required for the said purpose. Evidence relied upon by the prosecution to connect the petitioner with the commission of this offence is in the form of documentary evidence which is in the custody of the agency and there is no possibility of tampering with the same, if petitioner is released on bail. In the said circumstances findings the case against the petitioner to be one of further inquiry entitling him to the concession of bail, this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs.4,00,000 (rupees four lac) with one surety in the like amount to the satisfaction of the trial Court. H.B.T.A-239/L Bail granted.