Case Details

Citation(s)
2013 SLG 2895 2013 SLD 2895 2013 YLR 2573
Sindh High Court
Criminal Bail Application No. 568 of 2013, decided on 10th June, 2013. DATE of hearing: 6th June, 2013
IRFAN SAADAT KHAN, J
Syed Ehsan Raza for Applicant. Zahoor Shah, A.P.G. for the State

SULMAN HAIDER

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.161 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Taking illegal gratification by public servant---Bail, refusal of---Accused was apprehended red-handed from the spot by a team comprising 3 to 4 persons---Tainted currency was recovered from the possession of accused, which aspect had not been denied by counsel for accused---Accused had taken the amount from the complainant, and the incident was seen by the witnesses including the Judicial Magistrate---No doubt, the name of accused was not mentioned in the F.I.R., but a specific role had been assigned to him, which, prima facie, had connected him in the commission of crime---When interrogated about the tainted money, no plausible explanation could be furnished by accused for accepting the money---Deeper appreciation of evidence was not permissible, and the court only had to make a tentative assessment---No case for interference was made out---Accused was not entitled to be given the benefit of bail, his bail application was dismissed, in circumstances. Aurangzeb v. The State 1999 PCr.LJ 293; Noor Muhammad v. The State PLD 1963 SC 38; Sajid Naveed v. The State 1999 MLD 156; Islam Pervez v. The State 2004 PCr.LJ 1336; Manzoor Hussain Shah v. The State 1978 PCr.LJ 885; Abdul Hamid v. The State 1984 PCr.LJ 2774; Jangsher v. The State 1986 PCr.LJ 473; Faizullah Khan v. The State 1989 PCr.LJ 2217; Umer Din v. The State 1999 PCr.LJ 1339; Muhammad Hasan v. The State 2010 PCr.LJ 572 and Muhammad Ibrahim v. The State 1993 PCr.LJ 80 distinguished. ORDER IRFAN SAADAT KHAN, J.---This Criminal Bail Application has been filed against the order passed by District and Sessions Judge, Karachi South/Special Judge, Anti-Corruption (Provincial) at Karachi dated 24-5-2013 whereby the bail application moved by the applicant was rejected. Briefly stated, the facts of the case are that a case was registered on the application given by complainant Aftab Alam addressed to Deputy Director ACE, West Zone, Karachi wherein it was alleged that H.C. Turab Ali and S.I. Khalid Kalam, Incharge NOC ACLC, SP Office, Sharifabad, Karachi demanded a sum…
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