2015 PLP 2219 (YLR)
Dr. NASIR ALI MALIK — Petitioner Versus The STATE and another — Respondents
| Citation | 2015 PLP 2219 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Farrukh Gulzar Awan, J |
| Parties | Dr. NASIR ALI MALIK — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2015 PLP 2219 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 2219 (YLR)?
The case was heard and decided by the Lahore bench comprising: Farrukh Gulzar Awan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 2219 (YLR) (Dr. NASIR ALI MALIK — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 409
Prevention of Corruption Act (II of 1947), S.5(2)
Rule of consistency--Accused was not entrusted with any government property (medicines)
Prosecution had not collected any material evidence regarding the entrustment of medicines to accused
Three prosecution witnesses had not supported the prosecution version to the extent of accused during second inquiry
Co-accused, who was serving as Store Keeper and five other co-accused, having the same role had been enlarged on bail by the Trial Court
Role of accused was at par with co-accused who had already been admitted to bail by the Trial Court
Accused was entitled to be released on bail on the basis of rule of consistency and that fact alone would tilt the scale of justice in his favour
Accused was no more required for further investigation, he was admitted to bail, in circumstances. Abdul Jabbar Dogar, DDPP along with Muhammad Azeem Warraich, Circle Officer along with record., Police Station Anti-Corruption, Mianwali. Muhammad Asif, Drug Inspector, Mianwali in person.
Judgment & Decree
FARRUKH GULZAR AWAN, J.--Through the instant petition, Dr. Nasir Ali Malik petitioner has sought post arrest bail in case FIR No.05/2011 dated 9-7-2011 offence under section 409, P.P.C., 5(2) 47 PCA registered at Police Station ACE, District Mianwali in which it is alleged that the petitioner was posted as DOH in Mianwali in year 2006-07 when he along with his co-accused misappropriated the medicines and this case was lodged after departmental inquiry.
2. Arguments heard. Record perused.
3. The petitioner was doing his job as DOH and he was not entrusted any sort of medicine. The prosecution has not collected any material evidence regarding the entrustment of medicine to the petitioner. During second inquiry held on 1-10-2010, three P.Ws. namely Raza, Rafi Ullah and Azhar Qayum have not supported the prosecution version to the extent of the petitioner. Co-accused Abdul Rehman Khan who was serving as store keeper was enlarged on bail in this case vide order dated 27-3-2013 passed in Crl. Misc. No.3276-B of 2013. Co-accused namely Zafar Ullah, Muhammad Akram, Muhammad Imran, Ihsan Ullah and Ghulam Mustafa having the same role have been enlarged on bail by the learned trial court. The role of present petitioner is that at par with the co-accused who have already been admitted to post arrest bail by the learned trial court as well as by this Court, therefore, he is entitled to be released on bail on the basis of rule of consistency and this fact alone tilts the scale of justice in favour of the petitioner. The petitioner is no more required for further investigation. In view of the above, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000 with one surety in the like amount to the satisfaction of learned trial court/duty judge. HBT/N-35/L Bail granted.