2020 PLP 249 (SCMR)
GULSHAN ALI SOLANGI and others — Petitioners Versus The STATE through P.G. Sindh — Respondent
| Citation | 2020 PLP 249 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mushir Alam, Faisal Arab and Qazi Muhammad Amin Ahmed, JJ |
| Parties | GULSHAN ALI SOLANGI and others — Petitioners Versus The STATE through P.G. Sindh — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 249 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 249 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mushir Alam, Faisal Arab and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 249 (SCMR) (GULSHAN ALI SOLANGI and others — Petitioners Versus The STATE through P.G. Sindh — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ahmed Ali Ghumro, Advocate Supreme Court for Petitioners (in Cr. Ps. 197-K to 203-K of 2019).
- Bashir Ahmed Almani, Advocate Supreme Court for Petitioners (in Cr. P. 204-K of 2019).
- Abdul Mujeeb Pirzada, Senior Advocate Supreme Court for Petitioners (in Cr. Ps. 211-K to 221-K of 2019).
- Syed Shafqat Ali Shah Masoomi, Advocate Supreme Court for Petitioners along with Petitioner (in Cr. P. 230-K of 2019).
Headnotes / Summary
(Against order dated 10.10.2019 passed by High Court of Sindh, Hyderabad Bench in Crl. B. A. Nos. S-582 to S-587, S-589, S-590, S-537 to S-543, S-591, S-593, S-598, S-599 and S-577 of 2019)
S. 498
Grant of pre-arrest bail was a remedy rooted into equity, at a cost to hamper the investigation
Such judicial protection was extended solely to save the innocent from the horrors of abuse of process of law with a view to protect his dignity and honour
Said remedy could not be granted in every run of the mill criminal case, particularly to an accused facing prima facie charges structured upon material/evidence, warranting custody, that too, on the basis of positions/pleas, verification whereof, was consequent upon recording of evidence. Ms. Rahat Ahsan, Additional PG Sindh for the State (in all cases).
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Petitioners, though nominated in different crime reports, nonetheless, are identically placed inasmuch as they have been declined judicial protection of anticipatory bail by the High Court of Sindh through various orders of even date i.e. 10.10.2019. Controversy arises out of a scam detected in Dadu District when thousands of bags along with wheat were found missing/displaced from designated places. Inquiries conducted by Anti Corruption Establishment, found the petitioners, having been systematically involved in the misappropriation, resulting into a colossal loss to the public exchequer.
2. Gulshan Ali Solangi, Head Clerk in the Department is arrayed in as many as seven crime reports; alongside him, Muhammad Hussain Khokhar and Mahram Pechuhu, private individuals, being beneficiaries are on board in all the cases. Ali Asghar Panhwar, Ghulam Murtaza Butt, Ghulam Hussain Kakepoto, Muzaffar Ali Jaiser, Inam Hussain Abro, Food Inspectors and Allah Bachio, Food Supervisor have been distinctly accused in the above cases. In this common backdrop, these petitions are being decided through this single order.
3. In the face of findings recorded by the Investigation Officers, on the basis of preliminary inquiry held on the strength of various statements, learned counsel for the petitioners, nonetheless, in a unison and with vehemence, controverted the accusation. It is argued that in order to avoid possible damage to the stock due to poor storage conditions, it was shifted to different places without an axe to grind and as such being blameless, petitioners are being hounded on a trump up charge for purposes far from being bona fide, a position contested faithfully by the learned Law Officer.
4. Heard. Record perused.
5. Except for the two, all the petitioners are in the service of the Food Department, posted in positions at the places, wherefrom huge wheat stock vanished, subsequently spotted at outlets being run and managed by private entrepreneur; explanation offered by the accused being preposterous merits outright rejection. Grant of pre-arrest bail is a remedy rooted into equity; at a cost to hamper the investigation, this judicial protection is extended, solely to save the innocent from the horrors of abuse of process of law with a view to protect his dignity and honour. It cannot be granted in every run of the mill criminal case, particularly to the accused confronting prima facie charges structured upon material/evidence, warranting custody, that too, on the basis of positions/pleas, verification whereof, is consequent upon recording of evidence. Being in line with the law declared by this Court, view taken by the High Court, does not calls for interference. Petitions fail, leave refused. MWA/G-8/SC Petitions dismissed.