Case Details

Citation(s)
2014 SLG 2561 2014 SLD 2561 2014 YLR 1190
Sindh High Court
Criminal Bail Application No. 152 of 2013, decided on 6th June, 2013
AFTAB AHMED GORAR, J
Asif Ali Abdul Razzak Soomro holding brief for Safdar Ali Ghouri for Applicants. Ali Raza Pathan, State Counsel

SAEED AHMED and anothers

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.161, 420, 468, 471 & 34---Prevention of Corruption Act (II of 1947), S.5(2)---Public servant taking gratification other than legal remuneration in respect of an official act, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, common intention, criminal misconduct---Bail, grant of---Further inquiry---District Education Officer allegedly made illegal appointments on government posts by issuing fake and false offer/appointment letters---Said letters bore the handwriting of accused persons, who were working as assistants in the office of District Education Officer---Prosecution was not able to point out whether said letters were sent to hand-writing expert and/or there was any report of such expert available on record---Alleged offences did not fall within the prohibitory clause of S. 497, Cr.P.C.---Case stood challaned and accused persons were no more required by police for investigation---Case of prosecution depended upon documentary evidence, which was with the prosecution, therefore, there was no likelihood of tampering with the same by the accused persons---Case was one of further inquiry---Accused persons were granted bail in circumstances. Pervaiz Ali Shaikh and another v. The State 1998 MLD 202 rel. ORDER AFTAB AHMED GORAR, J.---Through this application, the applicants Saeed Ahmed Bhutto and Punhal Manjhoo seek post-arrest bail, after their such prayer was declined by learned trial Court, in Crime No.GO-03/2012 of A.C.E, Jacobabad, for offences punishable under sections 161, 420, 468, 471, 34 P.P.C. read with section 5(2) of Prevention of Corruption Act-II of 1947. 2. The facts of the prosecution case are that on 30-11-2012, Inspector Saeed Ahmed Rind, of ACE, Jacobabad, lodged F.I.R on behalf of the State, stating therein that, this case is being registered with the permission of the competent authority in result of enquiry into complaint taken up on the directives of the Chief Minister, Sindh, over a press clipping from "Daily Khabrain", Karachi, dated 16-11-2012, to the effect that Mr. Shan…
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