Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Constitution of Pakistan, Art. 185(3)---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, criminal misconduct---Pre-arrest bail, grant of---Accused was an officer of the revenue department and allegation against him was that he registered a power of attorney attributed to the complainant, whereas complainant denied execution of any such power of attorney---Accused was not a beneficiary of such power of attorney and no particular allegation had been levelled against him that he accepted any illegal gratification in the matter---Anti Corruption Establishment had obtained verification regarding the relevant power of attorney from a lawyer in a foreign country, who confirmed that it was the complainant who had thumb marked the relevant power of attorney in his presence---Accused was exonerated in his departmental inquiry regarding the present matter---Accused had already joined investigation and nothing was to be recovered from his custody---Accused was a public servant and thus, there was little likelihood of his absconsion in case of admission to bail--- Arrest of accused in such circumstances was unnecessary---Petition for leave to appeal was converted into appeal and allowed, and consequently accused was admitted to pre-arrest bail. Muhammad Ahsan Bhoon, Advocate Supreme Court with Petitioner in person. Ch. Zubair Ahmed Farooq, Additional Prosecutor-General, Punjab and Rana M. Nawaz, Circle Officer, Anti-Corruption, Sialkot for the State. Complainant in person. Date of hearing: 15th January, 2013. ORDER ASIF SAEED KHAN KHOSA, J.---Through this petition Fayyaz Ahmed petitioner has sought leave to appeal against the order dated 21-12-2012 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No.18046-B of 2012 whereby pre-arrest bail was refused to him in case F.I.R. No.2 registered at Police Station Anti-Corruption Establishment Sialkot on 23-1-2010 in respect of offences under sections…

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