2005 PLP 2840 (YLR)

Petitioner Taqi Sabir through the instant petition has sought for post-arrest bail in case F.I.R. No. 15, dated 1-5-2000 under section 5(2) of the Prevention of Corruption Act No.II of 1947 read with sections 420/468/471, P.P.C. registered with Police Station, Anti-Corruption Establishment, Kasur.

2. Briefly, the facts relevant for the disposal of the instant petition are that the petitioner was allowed bail in the instant case on 18-8-2000 by the learned Special Judge Anti-Corruption, Lahore. On the submission of the challan against him in the learned trial Court he did not appear there and consequently, the proceedings under sections 87/88, P.P.C. were initiated against him and he ultimately was declared P.O. on 27-10-2003. He then was arrested in the case. He was summoned from the jail but could not be produced before the learned trial Court on the subsequent dates as according to the reports received there he was ailing and was not able to be produced there.

3. It has been submitted on his behalf that he did not deliberately avoid to appear before the learned trial Court and that is evident from the fact that he remained posted as Patwari in District Kasur and also has property in City Kasur; that in such circumstances, there was no question of his abscondance or avoidance from appearance before the learned trial Court and this also shows that the reports made by the police in pursuance of the process issued against him under sections 87/88, P.P.C. were bogus; that he in fact had no knowledge of the submission of the challan against him and had he the knowledge of the same, he would definitely appeared before the learned trial Court; and that he is behind the bars for the last about 9 months; that he is seriously ill and has also undergone operation of his left leg.

4. Conversely learned State counsel has opposed the petition on the ground that he had remained absconder for a long time and so is not entitled to bail.

5. I have carefully considered the submissions made by both the sides and gone into the record.

6. As stated above that he was allowed bail by the learned Special Judge, Anti-Corruption, Lahore on 18-8-2000. The challan against him was submitted in the learned trial Court on 27-3-2001. He however, did not appear before the learned trial Court on all the subsequent dates. He later on was arrested. It has not been denied by the Circle Officer, Anti-Corruption present in Court that he had been living in City Kasur.

7. Anyway, he is behind the bars for the last about 9 months.

8. It has also appeared from the record that he has undergone surgery of left leg.

9. In these circumstances I find that demand of heavy surety can serve the purpose of procuring his attendance before the learned trial Court.

10. I, therefore, accept this petition and admit him to bail subject to furnishing his bail bonds in the sum Rs.2,00,000 (rupees two lacs) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./T-94/L Bail granted.