2006 PLP 1567 (YLR)
ZAHOOR AHMED — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1567 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | ZAHOOR AHMED — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1567 (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 2006 PLP 1567 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1567 (YLR) (ZAHOOR AHMED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chohan for Petitioner.
- Date of hearing: 24th June, 2005.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.161 & 420
Prevention of Corruption Act (II of 1947), S.5(2)
F.I.R. in the case had been lodged with a delay of about three years
Case was not a case of a raid and recovery, but was one of alleged private payment of illegal gratification
Accused, as alleged was not Investigating Officer of relevant criminal case and he was not himself in any position to declare any accused person involved in that case as innocent
Nothing had been recovered from possession of accused during investigation of the case
One offence allegedly committed by accused was bailable and other offence did not attract- prohibitory clause contained in subsection (1) of S.497, Cr. P. C.
After completion of investigation, a challan had already been submitted before the Trial Court
Accused being a public servant, little likelihood was of his absconsion in case of his admission to bail
Case against accused calling for further inquiry into his guilt within the purview of subsection (2) of S.497, Cr. P. C., accused .,was admitted to bail, in circumstances. Javed Iqbal for the State. Noor Hassan, A.S.-I. with record.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Through this petition Zahoor Ahmed petitioner has sought post-arrest bail in case F.I.R. No.93, registered at Police Station, City, Kamalia, District Toba Tek Singh on 15-3-2005 in respect of offences under sections 161/420, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947.
2. After hearing the learned counsel for the parties and going through the record I have noticed that the F.I.R. in this case had been lodged with a delay of about three years. The case in hand is not a case of a raid and recovery but is one of an alleged private payment of illegal gratification. The record shows, that the petitioner was not the Investigating Officer of the relevant criminal case and he was not himself in any position to declare any accused person involved in that case as innocent. Nothing had been recovered from the' petitioner's possession during the investigation of this case. One of the offences allegedly committed by the petitioner is bailable and the other offences do not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. After completion of the investigation a challan has already been submitted before the learned trial Court. The petitioner happens to be a public servant, and, thus, there is little likelihood of his absconscion in case of admission to bail.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./Z-8/L Bail granted.