P L D 2012 Lahore 406 (PLP)

MAZHAR IQBAL SIDHU, J.

Petitioner Muhammad Ramzan has sought for post arrest bail in a case registered vide F.I.R. No.75 dated 24-11-2008 under sections 420/468/467/471, P.P.C. read with section 5(ii) of Prevention of Corruption Act, 1947 at Police Station, ACE, Distt. Kasur, on the complaint of Dy. District Education Officer (M-EE), Kasur.

2. Cameo of the accusation is that petitioner while serving as PTC teacher in Govt. Primary School Chak Bodla, Distt. Kasur by providing a fake result Card of additional qualification (B.A) got three increments and in this way, he misused his position by preparing a forged document and also being its usage, obtained wrongful gain.

3. Learned counsel for the petitioner submits that it is a case of double jeopardy as departmentally the petitioner was proceeded against, he was dismissed from service, then on appeal he was repatriated by forfeiting his past five years' service and amounts received as advance increments of B.A and directing to recover and deposit the same in the Govt. exchequer and the same has already been recovered and the petitioner has been reinstated, therefore, by virtue of section 403, Cr.P.C. read with Art. 13(a) of the Constitution of Islamic Republic of Pakistan, petitioner cannot be vexed twice for the same cause/wrong. It has also been submitted that it is not only a good case for grant of bail but the F.I.R. is required to be quashed as the petitioner has suffered for the wrong done by him. Further submitted that wrongful gain obtained by him has been recovered through the orders of competent appellate forum and the Govt. has been compensated, therefore, F.I.R. is liable to be quashed.

4. Learned DPP has opposed the submissions, however, these facts viz: as to the dismissal of the petitioner, forfeiture of five years past service and all other amounts received as advance increments of B.A. and its recovery and deposit in the Govt. treasury has not been denied. It has also not been controverted that petitioner has been reinstated by the competent authority. However, bail has been opposed that petitioner forged the document, used the same and on the basis of the same obtained wrongful gain, therefore, he being member of literate community and being a nation builder (teacher) is not entitled for the grant of bail.

5. Hearkened and record perused.

6. After the registration of the case, petitioner was proceeded against departmentally, he was dismissed from the service, then he challenged his dismissal order and his appeal was accepted by the appellate forum vide order dated 25-6-2008 by converting his dismissal from Govt. Service into major penalty of forfeiture of past five years service with order to recover all the amounts which he received (as advance increments of B.A) illegally from the public treasury under section 4(b)(i) and (iii) of the PEEDA Act, 2006 and the same was done and the petitioner has been reinstated to his service. It has also been found that petitioner has infact endured the penalty imposed upon him departmentally and it is basic principle of criminal jurisprudence that nobody can be vexed twice for the same cause/wrong as per provisions of section 403, Cr.P.C. read with Art.13(a) of the Constitution of Islamic Republic of Pakistan, 1973.

7. Under these circumstances, when nothing is required to be recovered from the petitioner and to continue proceedings in the case would sheer be an abuse of process of law and court or otherwise would be nothing except risible, therefore, by exercising inherent powers conferred to this court under section 561-A, Cr.P.C., instant petition is converted into petition under section 561-A, Cr.P.C. and the F.I.R. as well as other proceedings emanated from it are hereby quashed.

8. Consequently, petitioner lying in District Jail, Kasur, is directed to be set at liberty, in a trice, if not required in any other case.

9. Disposed of accordingly. N.H.Q./M-103/L F.I.R. quashed.