2016 PLP 1549 (SCMR)

ASIF SAEED KHAN KHOSA, J.

Through this petition Mehmood Ali Bhatti petitioner has sought leave to appeal against the order dated 30.11.2015 passed by a learned Judge-in -Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 14162-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 282 registered at Police Station City Raiwind, District Lahore on 28.04.2012 in respect of offences under section 155(c) of the Police Order, 2002 and sections 419, 420, 468 and 471, P.P.C. During the investigation section 161, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947 had been added to the FIR.

2. The allegation against the petitioner is that in his capacity as an Inspector of Police he had arrested an accused person and from the vehicle being driven by him heroin weighing 92 kilograms contained in 552 separate packets had been recovered but during the investigation certain lapses were intentionally committed by him so as to ensure advantage to the arrested accused person. In the FIR it had been alleged that although the recovered narcotic substance was contained in 552 separate packets yet the petitioner had secured only 92 samples from the recovered substance whereas he ought to have secured a separate sample from each of the recovered packets and it had also been alleged that there was a likelihood of pilferage of the remaining narcotic substance. We have been informed that subsequently the entire recovered substance had been re-sent to the Chemical Examiner for its analysis and during such exercise not only the weight of the recovered substance was found to be equal to the weight of the substance recovered according to the FIR registered in that case but the entire substance so recovered was also tested positive by the Chemical Examiner. As regards the alleged lapses intentionally committed by the petitioner so as to extend favour to the accused person we note that the said aspect of the matter is yet to be attended to by the trial court on the basis of the evidence to be led before it and some of the alleged lapses may only amount to departmental irregularity. We have, however, consciously restrained ourselves from commenting upon the said aspect of the matter any further. The petitioner had been arrested in connection with this case on 25.06.2015 and upon completion of the investigation a Challan has already been submitted in this case. The allegation regarding commission of intentional lapses by the petitioner requires explanation of the record and the petitioner may be handicapped in his defence before the trial court if he is not admitted to bail. His physical custody is no longer required at this stage for the purposes of investigation. The petitioner is a public servant and there is little likelihood of his abscondance in case of admission to bail. Some of the offences allegedly committed in this case are bailable whereas the remaining offences do not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C.

3. For what has been discussed above we have found the case against the petitioner to be a case calling for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and, consequently, Mehmood Ali Bhatti petitioner is admitted to bail in the above motioned criminal case subject to furnishing bail bond in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the trial court. MWA/M-34/SC Bail granted.