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Petitioner: ASGHAR ALI VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi, Shafi-ur-Rehman Title: ASGHAR ALI vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 35 of 1982 Criminal Appeal
No. 14 of 1982 Criminal Misc. No. 3396-B/1981 Date of Judgment:1982-02-15 Reported As: 1982 SCMR 948 Result: Bail allowed Judgment ORDER ASLAM RIAZ HUSSAIN, J.-The petitioner is accused alongwith 18 others of offences under sections 420/467/468/47/109, P. P. C. Read with section 5(2) of the Prevention of Corruption Act, 1947, on the basis of a report made by the Collector, Kasur, as a result of the inquiry relating to the alleged forgery and cheating in respect of sale of State .Land. The petitioner applied for bail before' arrest before the High Court through Cr. Misc. No. 3396/B/81 which was dismissed vide the impugned order dated 24-1-1982. He applied for Leave to Appeal against the said order. 2. After going through the file relating to the inquiries by the Collector we notice that the petitioner was not given sufficient opportunity of appearing and explaining the allegations against him, the petitioner has been involved in the case. Some of the accused are not being arrested by the police while others have obtained bail before arrest. Even Sarwar Baig the main accused has been released on pre-arrest bail after this petition was filed. 3. After considering the facts and circumstances of this case we feel that the petitioner, too, is entitled to the concession of bail. We, therefore, convert this petition into appeal and allow the same. 4. The petitioner is granted bail before arrest in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Assistant Com--missioner, Kasur.