| Citation(s) |
|---|
| 2002 SLG 976 2002 SLD 976 2002 PCRLJ 683 |
Peshawar High Court
Criminal Miscellaneous Petitions Nos.791 and 845 A of 2001, decided on 1st August, 2001.
SHAH, JEHAN KHAN, J
Abdul Latif Afridi for Petitioner. Tariq Javed, A.A. G. for the State.
Criminal Miscellaneous Petitions Nos.791 and 845 A of 2001, decided on 1st August, 2001.
SHAH, JEHAN KHAN, J
Abdul Latif Afridi for Petitioner. Tariq Javed, A.A. G. for the State.
MUHAMMAD ZAHIR SHAH
VS
THE STATE --Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(1),497
Law: Penal Code (XLV of 1860)
Section: 409/420/468/471
Law: Prevention of Corruption Act, 1947
Section: 5(2)
(a) Criminal Procedure Code (V of 1898) - S. 497(1) Bail Case falling within the prohibitory clause of S.497(1), Cr.P.C. Where an accused is, prima facie, found reasonably connected with the commission of the offence punishable for 10 years R.I. or more, the Courts will have no jurisdiction to enlarge him on bail in view of the restriction contained in S.497(1), Cr.P.C. (b) Criminal Procedure Code (V of 1898) - S. 497 Penal Code (XLV of 1860), Ss. 409/420/468/471 Prevention of Corruption Act (II of 1947), S.5(2) Bail Section 409, P.P.C. for which the accused were charged fell within the prohibition contained in S.497(l), Cr.P.C. Losses to the Government Exchequer had occurred during the posting of one accused as S.D.O. of the concerned Department who was to examine the construction work and verify the vouchers for payment of bills to .the contractors Last vouchers making last payments to the contractors were duly signed by the said accused who might not be exclusively liable for the entire losses caused to the Government Exchequer, but each and every official involved in the connivance of causing such loss would individually and collectively be liable for misappropriation Accused were, prima facie, connected with the commission of the offence in the light of the evidence so far collected particularly the reports of the Senior Auditor and Assistant Technical Officer and the matter was still under investigation Bail was declined to accused in circumstances. Raza Muhammad Sial v. State 1988 SCMR 1223 and Shamraiz Khan v. State 2000 SCMR 157 distinguished. Mir Akhtar Khan Khattak v. State PLD 1982 Pesh. 128; Tabbasam Ahmed Qureshi v. State 2000 P Cr. L J 105 and Assistant Advocate General Imtiaz Ahmed and another v. State PLD 1997 SC 545 ref. Abdul Latif Afridi for Petitioner. Tariq Javed, A.A. G. for the State. Date of hearing: 1st August, 2001. JUDGMENT Criminal Miscellaneous Petition No.791 of 2001 (Zahir Shah v. State) and Criminal Miscellaneous Petition No.845 A of 2001 (Abdul Hafeez Sawal v. State) for grant of bail arising from the same F.I.R. are being disposed of by this common order. 2. The petitioners stand charged under sections 409/420/468/471, P.P.C.…
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