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Petitioner: MAHBOOB ELLAHI VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Rashid Aziz Khan Title: MAHBOOB ELLAHI vs THE STATE Case No.: Criminal Miscellaneous No, 1533/B of 1993 Date of Judgment:1993-05-08 Reported As: 1993 MLD 2244 Result: Ball refused
Judgment ORDER ' Petitioner seeks bail in a case registered against him with Police Station Anti-Corruption (Establishment), Sheikhupura, for an offence under section 161, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947. The case was registered on the statement of Khalil Ahmed with the allegation that his agricultural land was situated in Halqa Nathuwala. He wanted Khasra Girdawari for Kharif. The first informant got in touch with Mehboob All who was Halqa Patwari, who demanded Rs,500 as illegal gratification. The first informant did not wish to pay the same therefore the present case. Subsequently, on the application of the first informant a raiding party was constituted. Raid was conducted in the presence of a Magistrate where the petitioner allegedly after throwing the tainted currency notes ran away. ' It was contended by learned counsel for the petitioner that the petitioner is innocent and has been involved due to mala fides. Submitted that there was no occasion for the petitioner to have accepted/demanded illegal gratification. Argued that the first informant was inimical as the petitioner had declined to oblige him earlier when the first informant wanted illegally to enter some land in his name. Contentions were opposed by learned counsel for the State. 2. I have heard the learned counsel and gone through the police file. Raid was conducted in the presence of a Magistrate who on receiving signal introduced himself whereupon the petitioner allegedly threw the tainted currency notes yet the conduct of the petitioner negates the assertion of mala fide. No mala fide is alleged against the Magistrate. No ground for bail at this stage is made out. Petition fails which is dismissed. Ball refused.