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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: BRIG- (RETD.) MANZOOR MALIK VS Respondent: THE STATE
1995 P Cr
1995 P Cr. L J 670
[Lahore]
Before Raja Afrasiab Khan, J
Brig- (Retd.) MANZOOR MALIK---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.4702/B of 1994, decided on 21st November 1994.
Criminal Procedure Code (V of 1898)
----S. 497---Penal Code (XLV of 1860) S. 409/420/467/468/471/218/109. Prevention of Corruption Act (II of 1947), S.5(2)---Bail, grant of---Supreme Court in another case of like nature registered against the accused had already admitted him to ad interim bail---Accused was, therefore, admitted to ad interim bail in the present case also;
Ijaz Hussain Batalvi, Aftab Gul and Akhtar Ali Oureshi for Petitioner
Abdul Sattar Najam, A.-G. with Qazi Alansgir, AA: G. and Sardar Muhammad Latif Khan Khosa for the State.
ORDER
On 10-6-1994, a case under section 409/420/467/468/471/218/109, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 was registered against the petitioner Brig. (Retd.) Manzoor Malik on the statement of Mr. A.U. Saleem, Director-General, L.DA. With Police Station Anti Corruption, Lahore vide F.I.R. No.38/94. The petitioner has sought his bail after arrest -in the aforesaid case. In another case, registered against the petitioner, the Honourable Supreme Court admitted the petitioner to ad interim bail on 18-10-1994 vide order which is reproduced below:
"Sajjad Ali Shah, C.J.-- This is bail application for post-arrest bail of the petitioner, who is being tried under section 409/420/161/218 read with 109, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947. He was taken in custody on 5th July 1994. He applied for bail on merits and medical ground before the Special Judge, Anti Corruption (Punjab), Lahore, which was dismissed. He applied for bail in the High Court which ordered constitution of a Medical Board ' cant consisting of two Cardiologists who have given positive fording in the report that the petitioner, who had undergone bypass surgery for heart ailment, was still suffering from effort angina. After receipt of the report, it is stated that, the High Court has remanded the hearing of bail application to the trial Court.
(2) Allegation of prosecution is that the petitioner, while performing duties as Chairman/Director-General of Lahore'. Development Authority, misused his powers and allotted' very valuable plot to his wife for construction of a charitable clinic.
(3) It is stated that his wife filed petition for leave to appeal in this Court, which is granted and she is on interim bail and that her petition is pending for hearing at Lahore registry of this Court. Likewise, we admit to interim, bail petitioner herein in the sum of Rs.5,00,000 with one surety and P.R. bond in the like amount to the satisfaction of the trial Court. By consent let both the matters to be heard at Lahore whenever the Bench is available' in the next sessions."
2. At this stage, it is stated by the learned Advocate-General and Sardar Muhammad Latif Khosa, learned counsel that the petitioner is not sick and in case, he is released on bail, he would abscond. Learned counsel for the petitioner submits that the petitioner being sick and an old man is entitled to be released on bail. Be that as it may, respectfully following the above quoted order of the Honourable Supreme Court passed in Criminal Petition No.304 of 1994, the petitioner is admitted to ad interim bail in the sum of Rs.5,00,000 B (Rupees five lac) with one surety and personal bond in the like amount to the satisfaction of learned trial Court. At the request of the learned Advocate General, the petitioner shall deposit his travel documents with O.S.D. (Judl.) of this Court before his surety and personal bonds are accepted.
For further proceedings, the case shall come up after the afore mentioned petition is decided by the Honourable Supreme, Court.
N.H.Q./M-1890/L Ad interim bail allowed.