2014 PLP 1190 (YLR)

AFTAB AHMED GORAR, J.

Through this application, the applicants Saeed Ahmed Bhutto and Punhal Manjhoo seek post-arrest bail, after their such prayer was declined by learned trial Court, in Crime No.GO-03/2012 of A.C.E, Jacobabad, for offences punishable under sections 161, 420, 468, 471, 34 P.P.C. read with section 5(2) of Prevention of Corruption Act-II of 1947.

2. The facts of the prosecution case are that on 30-11-2012, Inspector Saeed Ahmed Rind, of ACE, Jacobabad, lodged F.I.R on behalf of the State, stating therein that, this case is being registered with the permission of the competent authority in result of enquiry into complaint taken up on the directives of the Chief Minister, Sindh, over a press clipping from "Daily Khabrain", Karachi, dated 16-11-2012, to the effect that Mr. Shan Muhammad Brohi, District Education Officer (Schools), Jacobabad have made illegal appointments from grade 1 to 15 in Jacobabad District after taking bribe of Rs.300,000 to Rs.800,000 from each appointee in violation of recruitment rules and procedure. It is further alleged in the F.I.R that during course of enquiry, concerned record has been collected and examined the witnesses which transpired that there is no any record of alleged illegal appointments available in the office of D.E.O Jacobabad. However, the documents collected from Civil Surgeon, Incharge DIB Branch Police and concerned Principals of High Secondary Schools, District Officer Education (Secondary), A.D.Os;, Head Masters etc. it revealed that 2358 offer letters were issued who got medical fitness, out of which 1751 got police verification and some 1622 alleged appointees (having appointment/ posting orders) joined duties at respective places of postings. Such offer letters and appointment orders stands issued by Mr. Shan Muhammad Brohi, District Education Officer (Schools), Jacobabad and said letters/orders bear handwriting of Mr. Saeed Ahmed Bhutto and Mr. Punhal Manjhoo, Assistants of the office of District Education Officer (Secondary), Jacobabad during 2012. It further revealed that said offer letters and appointments/posting orders were issued in violation of APT Rules, which are presumed to be fake/ false, prepared issued/utilized for the purpose of cheating.

3. Learned counsel submitted that no date and hour of alleged offence are given in the F.I.R. Learned counsel further submitted that no offence has been committed by the applicants, nor they are indulged in forgery or falsification of accounts and no wrong has been done by them in discharging their official duties. According to learned counsel, as per F.I.R. the allegation against the applicants is that the alleged offer letters/orders issued by co-accused Shan Muhammad Brohi, District Education Officer, bear the handwriting of the applicants. Learned counsel submitted that the applicants being Clerks/Assistants have no authority to issue appointment orders, and all the alleged offer letters/orders seems to be stereotype and computerized letters and the names and designation of person appointed is only in handwriting. Learned counsel further contended that none of the documents alleged to have been forged bear signature of the applicants. Per learned counsel the alleged offence does not fall within prohibitory clause of section 497 Cr.P.C. He lastly submitted that, the case stands challaned and applicants are no more required for the purpose of investigation and that the prosecution case depends upon documentary evidence, which is in possession of the prosecution, as such there is no likelihood of its tampering. Learned counsel relied upon 1996 SCMR 1132, PLD 1995 SC 34, and PLD 1996 SC 241.

4. On the other hand, learned State Counsel vehemently opposed grant of bail on the ground that the applicants are alleged to have issued offer letters/ appointment orders.

5. I have considered the submissions made by the learned counsel appearing for the parties and have gone through the material available on record. As per F.I.R, the alleged offer letters/appointment orders stand issued and bears signatures of Mr. Shan Muhammad Brohi, District Education Officer, Jacobabad. The allegation against applicants is that they are working as Assistants in the office of District Education Officer, Jacobabad, and the alleged offer letters/appointment orders bear their handwriting; however the learned State Counsel has not been able to point out that such documents were sent to Handwriting Expert and or there is any report of such Expert on record. The alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C. The case stands challaned and applicants are no more required by police for the purpose of investigation; and case of prosecution depends upon documentary evidence, which is with the prosecution and therefore, there is no likelihood of its tampering by the applicants/accused, if they are released on bail.

6. In the case Pervaiz Ali Shaikh and another v. The State (1998 MLD 202), it was held that the evidence against accused consisted of official record which having been taken into possession by the raiding party, there was no possibility of the same being tampered with by him. The accused was admitted to bail.

7. In view of the above discussion and the dicta laid down in the case-law cited above, I am of the opinion, that case of the present applicants requires further enquiry, entitling them to concession of bail at this stage. Consequently, I allowed this bail application, vide my short order dated 6-6-2013, whereby the applicants were granted bail on their furnishing solvent surety in the sum of Rs.100,000 (One hundred thousands) each and P.R bond in the like amount to the satisfaction of the learned trial Court; and these are the reasons for the same. MWA/S-76/K Bail granted.