Law:

Section:

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---Bail, grant of---Rule of consistency--Accused was not entrusted with any government property (medicines)---Prosecution had not collected any material evidence regarding the entrustment of medicines to accused---Three prosecution witnesses had not supported the prosecution version to the extent of accused during second inquiry---Co-accused, who was serving as Store Keeper and five other co-accused, having the same role had been enlarged on bail by the Trial Court---Role of accused was at par with co-accused who had already been admitted to bail by the Trial Court---Accused was entitled to be released on bail on the basis of rule of consistency and that fact alone would tilt the scale of justice in his favour---Accused was no more required for further investigation, he was admitted to bail, in circumstances. ORDER FARRUKH GULZAR AWAN, J.--Through the instant petition, Dr. Nasir Ali Malik petitioner has sought post arrest bail in case FIR No.05/2011 dated 9-7-2011 offence under section 409, P.P.C., 5(2) 47 PCA registered at Police Station ACE, District Mianwali in which it is alleged that the petitioner was posted as DOH in Mianwali in year 2006-07 when he along with his co-accused misappropriated the medicines and this case was lodged after departmental inquiry. 2. Arguments heard. Record perused. 3. The petitioner was doing his job as DOH and he was not entrusted any sort of…

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