Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.420/409/506-B & 21--­Prevention of Corruption Act (II of 1947), S.2---Pre-arrest bail--­Maintainability and venue for filing application---Accused was a Controller of Examinations of the University of Karachi which; though a Corporation, was not set up and controlled by the Central Government, but rather was set up by the Provincial Government of Sindh---Employee of the University of Karachi, therefore, would not be covered by the later part of the definition of Public Servant as contained in S.2 of the Prevention of Corruption Act, 1947---Whatever functions were exercised by the accused were on behalf of the University and all property with which he might have dealt with was of the University and not of the Government---Accused, thus; was riot a public servant within the meaning of clause nine of S.21, P.P.C.---Order passed by the Special Judge, Anti-Corruption rejecting the bail application of the accused on the ground of having no jurisdiction in the matter was maintained being in accordance with law---Accused was directed to approach the appropriate Court for grant of further relief in accordance with law---Pre-arrest bail granted to accused was extended for a further period of fifteen days in order to enable him to approach the appropriate Court---Bail application was disposed of accordingly: Anwar Aziz Choudhry v. The State 1991 SCMR 994 and Advocate-General and Ex-Officio Public Prosecutor v. Qazalbash 1984 PCr.LJ 1769 ref. (b) Penal Code (XLV of 1860)----- ----S. 21, ninth clause---" Public servant" ---Employee of the University of Karachi is not a "public servant" within the meaning of ninth clause of S.21, P.P.C. Anwar Aziz Choudhry v. The State 1991 SCMR 994 and Advocate-General and Ex-Officio Public Prosecutor v. Qazalbash 1984 PCr.LJ 1769 ref. ORDER On registration of Crime No.80 of 2002 under sections 420/ 409/506-B, P.P.C. at Police Station Mubeen Town, Karachi, the applicant approached the Court of Sessions Judge, Karachi (East) for grant of pre-arrest bail. This bail application was withdrawn because the applicant as an officer of Karachi University,…

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