Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 419/420/468/471

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Criminal Procedure Code (V of 1898)     S. 497 Penal Code (XLV of 1860), Ss:419/420/468/471 Prevention of Corruption Act (II of 1947), S.5(2) Bail, grant of Offence against the accused being punishable up to seven years, did not fall within prohibitory clause of S.497(1), Cr.P.C. Accused were no more required for investigation and they having long standing service in the department, there was no apprehension of their abscondence Accused were granted bail in circumstances.   Saeed Ahmad v. State 1996 SCMR 1132; Ijaz Mahmood v. State 1980 PCr.LJ 26; Babar Hussain v. Muhammad Rashid Khan 2000 PCr.LJ 980; Badrey and 3 others v. The State 2000 PCr.IJ 1914; Afsar Ali v. State 2000 PCr.LJ 19103 and Muhammad Shabbir v. State 1986 PCr.LJ 1097 ref.   Nek Nawaz for Petitioner.   Raza Khan Muhammad for the State.   hearing date: 16th March, 2001. JUDGMENT Dayar Khan, Chief Officer, Syed Farman Ali Shah, Taxation Officer and Farmaish Gul, Taxation Superintendent of District Council, Swabi were arrayed as accused in case F.I.R. No.8, dated 7 10 2000 Police Station A.C.E., Swabi for committing an offence punishable under sections. 419/420/468/471, P.P.C. read with section 5(2) of the P.C. Act. All the three accused applied for the concession of bail to the Special Judge, Anti¬Corruption N. W.F.P.. which was refused to them vide his order, dated 14 2 2001. Hence the instant three separate petitions for the said purpose which are disposed of by this common order having been arisen from the same F.I.R. 2. The prosecution case in brief is that the accused petitioners were posted as Chief Officer, Taxation Officer and Taxation Superintendent respectively during financial years 1995 96 and 1996 97 and they in furtherance of their common intention and to derive illegal benefit caused loss to the Government in the execution of agreement deed for export tax in the year 1996 97 and immovable property tax for the year 1995 96 extending undue benefit to the contractor Sahib Gul (now dead) and Talib Hussain respectively. 3. In the audit report the three petitioners alongwith others were found responsible for causing losses to the tune of Rs.1,06,20,663.…

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