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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUSHTAQ ALI SHAHID VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 401
[Karachi]
Before Mamoon Kazi, J
MUSHTAQ ALI SHAHID‑‑Applicant
versus
THE STATE‑‑Respondent
Criminal Bail Application No. 905 of 1987, decided on 30th August 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 498‑‑Penal Code (XLV of 1860), Ss. 409 & 468‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑‑Bail, grant of‑‑Petitioner, an employee of PASSCO, allegedly misappropriated a sum of Rs.74,330 by preparing bogus bills‑‑Question whether PASSCO was a Company owned by Federal Government or whether the offence allegedly committed by accused was in his capacity as a public servant, yet to be established by trial Court‑‑Bail, allowed, in circumstances.
Muhammad Ilyas Khan for Applicant. Imam Bux Shaikh for the State.
ORDER
The applicant apprehends his arrest in a case registered under F.I.R. No. 15 of 1986 under sections 409, 468, P.P.C. read with section 5(a) of the Prevention of Corruption Act, 1947. The allegations against the applicant are that in the year 1983 when the applicant was working as Project Manager of PASSCO at District Larkana, he alongwith co‑accused Shabbir Hussain prepared bogus bill amounting to Rs.23,580.62 and further misappropriated an amount of Rs.50,750.
The contention of Mr. Muhammad Ilyas Khan, learned counsel for the applicant is that the case has been registered against the applicant with mala fide intention in order to harass him. According to the learned counsel, PASSCO wherein the applicant was allegedly working, is a limited company and not a department of the Government. Consequently, according to the learned counsel, the F.I.A. was not empowered to investigate the case against the applicant. Mr. Imam Bux Shaikh, learned counsel for the State, has opposed the bail application, contending that the Federal Government holds shares in PASSCO to the extents of 25 per cent although he concedes that the organization of PASSCO is incorporated under the Companies Act. Mr. Imam Bux Shaikh however, states that it is managed by the Federal Government.
The question whether PASSCO is a company owned by the Federal Government or that the offence allegedly committed by the applicant was in his capacity as a public servant is still to be established before the learned trial Court. Prima facie the contentions raised by Mr. Muhammad Ilyas Khan make out a case for confirmation of interim bail earlier granted to the applicant by this Court on 2‑8‑1987. It is therefore, ordered accordingly.
S.G.D./M‑307/K Bail confirmed.