Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 161,162

Law: Prevention of Corruption Act, 1947

Section: 5,5(2),47

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Prevention of Corruption Act, 1947, Ss. 5(2), 47--Pakistan Penal Code, 1860, Ss. 161, 162--Bail after arrest, grant of--Allegation of--Illegal gratification--Petitioner is not a public servant--He was working with Halqa Patwari as privately engaged 'Munshi'--Though, fets of case go long way in demonstrating as to how corruption and corrupt practices are being exercised in Revenue Department and that to Wright under the-wings, of higher officials, however this Court is bound to decide fate of instant application within four corners of law--In this petitioner is a private individual hence Section 5 of Prevention of Corruption Act, 1947 as well as Section 161 PPC do not attract to his case--Held: As regards, Section 162 PPC, though, prima facie, case of petitioner comes within its purview however maximum punishment provided for foregoing provision is three years--In such like cases, grant of bail is a rule and refusal is an exception--Admittedly, petitioner is not having criminal antecedents so as to make his case as exceptional in nature--In these circumstances, petitioner is found entitled to concession of post arrest bail--Resultantly, instant petition is allowed and petitioner is granted post arrest bail. THIS ORDER PASSED BY: CH. ABDUL AZIZ, JUSTICE---.--- Through this application petitioner seeks bail after arrest in case FIR No.04, dated 31.01.2018, under Section 161, 162 PPC read with 5(2), 47 of PCA; registered with Police Station, ACE, District Multan. 2. Precisely stated, the case of the prosecution as it gleans from the crime report is to the effect that one Manzoor Hussain took a loan from House Building Finance Corporation by mortgaging his property, for the construction of his house; that in order to redeem the property, Manzoor Hussain approached Halqa Patwari for the issuance of fard; that the petitioner, who was working with Halqa Patwari as 'Munchi' demanded an amount of Rs.4,000/- as illegal gratification on his behalf; that Faqeer Hussain (complainant) feeling aggrieved from the conduct of Patwari as well as of the petitioner approached ACE Multan; that in pursuance of a raid conducted by…

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