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Petitioner: MUHAMMAD RAFIQUE VS Respondent: StateHonorable Justice Mian Muhammad Najum-uz-ZamanDr. Ehsan ul Haque Khan,Ch. Jamshed Hussain
2007 Y L R 1545
2007 Y L R 1545
[Lahore]
Before Mian Muhammad Najum-uz-Zaman, J
MUHAMMAD RAFIQUE---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1263-B of 2007, decided on 6th March, 2007.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), 'S.5(2)---Bail, grant of---Out of disputed amount, some amount had already been deposited by accused in government exchequer---Department had not only reinstated accused, but had also directed that remaining amount along with interest, would be recovered from him in sixty equal instalments---Further incarceration of accused, in circumstances would not serve any purpose---Accused was admitted to bail, in circumstances.
Dr. Ehsan ul Haque Khan for Petitioner.
Ch. Jamshed Hussain, D.P.G. for the State.
Sh. Nasir Mehmood, Inspector/ C.O.
ORDER
MIAN MUHAMMAD NAJUM UZ-ZAMAN, J.---Seeks post-arrest bail in case F.I.R. No. 31 of 2003 dated 13-11-2003 for the offence under section 409. P.P.C. read with section 5(2) of P.C.A., 1947 registered at Police Station A.C.E., Pakpattan Sharif, which reads as under: --
"To, The Additional Director, Anti-Corruption Establishment, Multan Region, Multan. Through the Circle Officer, Anti-Corruption Establishment, Pakpattan. No.1052-MKT.C/PPN/03 dated 21-6-2003.
Subject: Registration of case against . Muhammad Rafique Cashier, Market Committee, Pakpattan.
The Secretary Market Committee, Pakpattan submitted a report after conducting a preliminary inquiry and perusal of office record that Muhammad Rafique, Cashier, Market Committee, Pakpattan, received cash from Mr. Zahoor Ahmed and Mr. Iqbal Ahmed Khan Sub Inspectors on 17-6-2003 as detailed below and did not deposit the same day and day after in the account of Market Committee, he has not turned up as yet and he embezzled, misappropriated the said money and disappeared with this cash and the cash is already with him on 18-6-2003.
Sr.
Name of Sub-
Receipt
Amount
No
Inspector/from whom he received the cash
and dated
1
17-6-2002
502
(ii)71838/
27 to 28
2
Mr. Iqbal Ahmed
71839/36
6637
Khan
to 48
3
The cash
69961/10
1233
available with the
to 24
accused official
TOTAL
Rs.187261
The local police was moved for the registration of the case vide this office Letter No.1052/ MKT. C/ PPN/03 dated 19-6-2003 who have informed that this case may be got registered with Anti-Corruption Establishment. You are therefore requested to kindly register a case against the accused Muhammad Rafique and recover embezzled amount at the earliest. Chairman, Market Committee, Pakpattan"
During the investigation petitioner was arrested on 16-1-2007 and his bail application was dismissed by Senior Special Judge, Anti-Corruption, Punjab, Lahore, Camp at Pakpattan Sharif vide order dated 13-2-2007, hence this petition.
2. After hearing learned counsel for the parties and perusing the record, I have observed that out of the disputed amount Rs.87,261 has already been deposited by the petitioner in the government exchequer. With regard to the remaining amount, Director of Agriculture (Economics and Marketing), Punjab vide order dated 16-2-2006 has not only reinstated the petitioner but also directed that the remaining amount along with interest i.e. Rs.1,18,726 shall be recovered from the petitioner in sixty equal instalments (copy of the order passed by Director of Agriculture is available at pages 10 to 12).
3. In the light of the said order passed by Director of Agriculture (Economics and Marketing) wherein the petitioner has been reinstated and the amount recoverable from him has been directed to be paid in instalments, further incarceration of the petitioner would not serve any purpose. Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs.1,00,000 (Rupees One lac only) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Court.
H.B.T./M-137/L Bail granted.