2019 PLP 38 (YLRN)

AFTAB AHMED GORAR, J.

Applicant Muhammad Bux son of Arbab Ali Abro sought for post arrest bail in crime No. 15 of 2018, Police Station ACE Karachi, registered under Sections 409, 420, 468, 471 and 34, P.P.C. read with section 5(2) Act-II of Prevention of Corruption Act, 1947. Earlier the bail plea of the applicant was declined by the Special Judge Anti-Corruption [Provincial] Karachi vide order dated 03.10.2018.

2. It is inter alia contended that applicant is innocent and has been falsely implicated in the present case with mala fide intention and ulterior motives; per learned counsel applicant is serving in Social Welfare Department as a junior clerk but he did have nothing with the affairs of Education Department; per learned counsel applicant never demanded any fund to establish NGO therefore if there is any forgery same had been committed by other assailant; per learned counsel applicant there is no isolated role associated with the present applicant therefore the case of present applicant also calls for further probe into his guilt; per learned counsel there is no apprehension of tampering with the prosecution evidence in any manner though all the prosecution witnesses are government officials; per learned counsel applicant is behind the bar since his arrest and there is no hope that trial of the case would be concluded in near future; lastly learned counsel prayed that the applicant may be enlarged on post arrest bail. Learned counsel for the applicant relied upon the case law reported as 2010 SCMR 175 and 1995 SCMR 170.

3. Learned APG opposes the grant of post arrest bail; per learned APG there is sufficient material available with the prosecution which would connect the applicant with the commission of offence; per learned APG applicant is not entitled for post arrest bail because heavy amount of funds have been misappropriated; per learned APG learned trial court has rightly rejected the bail plea of the applicant.

4. Heard and perused.

5. Admittedly applicant is behind the bars since his arrest, challan has been submitted therefore applicant is no more required for further investigation purposes. The role of the applicant as is assigned requires thorough investigation after the trial commenced. There is no possibility of tampering with the prosecution evidence as otherwise all the prosecution case hinges upon documentary evidence which ought to have held with the prosecution, however; there is story behind the case of present applicant which also requires further probe into his guilt. The sections so applied thereunder are bailable and would not come within the ambit of prohibitory clause of Section 497(1), Cr.P.C. Scanning section 409, P.P.C. it requires evidence at the trial and bail cannot be withheld only owing to Section 409, P.P.C.

6. The applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees One Hundred Thousand) and P.R. Bond in the like amount to the satisfaction of learned trial Court. Note:- The observations made here-inabove are tentative in nature and will not prejudice any harm to the case of prosecution at trial. MQ/M-11/Sindh Bail granted.