Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 409

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant, criminal misconduct---Bail, refusal of---Findings of preliminary inquiry committee were well based and mass scale irregularities (leather industry caused man-related hazards), impropriety and corruption was committed by accused public servant---Accused being processing consultant/ mechanical engineer concealed his then status and got himself employed with a private enterprise in his relevant field and drew double salaries from two different institutions---Accused fearlessly withdrew huge amount from the Banks and used some portion thereof on some reparations and left no clue for remaining amounts, as to what happened therewith---Active participation of accused in the offence was prima facie established; he failed to show any mala fide or ulterior motives on the part of prosecution for his implication in the present case---Bail was refused accordingly. Saeed Ahmad v. The State 1996 SCMR 1132; Jaffar Mahmand v. The State 1997 PCr.LJ 1827; Abdul Rashid Nasir and others v. The State 2009 SCMR 517; Mumtaz Ali Jalbani v. The State 2012 YLR 2727; Zaigham Ashraf v. The State and others 2016 SCMR 18; Master Allah Rakha v. The State and another 2010 YLR 1742; Shahzad Alam Mirza and another v. The State 1988 PCr.LJ 1646 and Sajjad Hussain v. The State PLD 1997 Kar. 165 rel. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE---.--- The petitioner, Shabi Hassan seeks post-arrest bail in case FIR No.44/15, dated 11.12.2015, under section 409, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947, registered at police station ACE, district Kasur. 2. Syed Javed Iqbal Bukhari, District Coordination Officer, Kasur, Ex-Officio MD Kasur Tanneries Waste Management Agency (KTWMA) got lodged the above said F.I.R. with the allegation that:-- on enquiry committee comprising on Mr. Muhammad Shah Rukh Niazi Assistant Commissioner Kasur and Mr. Muhammad Faheem District Officer (Environment) Kasur was constituted vide order No. PS/214, dated 4.1.2014 to unearth irregularities being committed in…

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