| Citation(s) |
|---|
| 2017 SLG 2940 2017 SLD 2940 2017 SCMR 2091 |
Supreme Court of Pakistan
Civil Petitions Nos. 3752 and 3760 of 2016, decision date: 4-01-2017 (On appeal from the dated 29.11.2016 passed by the Peshawar High Court, Peshawar in W.Ps. Nos. 3565-P and 2925-P of 2016)
DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
Khawaja Azhar Rasheed, Advocate Supreme Court, Tariq Mehmood, Senior Advocate Supreme Court, Syed Arshad Ali, Senior Advocate Supreme Court and Ahmad Nawaz Chaudhry, Advocate-on-Record for Appellants. Qazi Babar Irshad, DPG, Ehtesab Commission, KPEC with
Civil Petitions Nos. 3752 and 3760 of 2016, decision date: 4-01-2017 (On appeal from the dated 29.11.2016 passed by the Peshawar High Court, Peshawar in W.Ps. Nos. 3565-P and 2925-P of 2016)
DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
Khawaja Azhar Rasheed, Advocate Supreme Court, Tariq Mehmood, Senior Advocate Supreme Court, Syed Arshad Ali, Senior Advocate Supreme Court and Ahmad Nawaz Chaudhry, Advocate-on-Record for Appellants. Qazi Babar Irshad, DPG, Ehtesab Commission, KPEC with
SALEEM KHAN AND ANOTHER
VS
D.G. EHTISAB COMMISSION, KHYBER PAKHTUNKHWA AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Khyber Pakhtunkhwa Ehtesab Commission Act, (I of 2014)
Section: 23,24
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Khyber Pakhtunkhwa Ehtesab Commission Act (I of 2014), Ss. 23 & 24---Corruption and corrupt practices---Bail, grant of---Further inquiry---Accused and co-accused were alleged to have connived with each other to manipulate a public auction, causing loss of millions of rupees to the public exchequer---Prosecution had conceded that no direct evidence was available on record to show whether any wrongful gain was made by the accused and co-accused or that the alleged illegal money collected or secured was traced---Allegation against the co-accused was hard to believe as it was not understandable as to how a junior clerk (co-accused) could conveniently influence auction proceedings conducted under the supervision of nine Member Apex Committee, consisting of senior most officers of the Corporation, headed by the Chairman---Prosecution could not point out from the record that the auction proceedings were conducted and held in violation of law and the rules on the subject or any illegality was committed during the said course---Prosecution entirely based its arguments on the statement of the highest bidder recorded under S.164, Cr.P.C. where he had disowned his participation in the auction proceedings and getting the contract in his own name---Press reporters/photographers were invited to the auction proceedings by the accused, and one official photographer of the Corporation was also present to record video of the entire proceedings but such recordings were not placed on record, which could determine finally as to whether the highest bidder was telling the truth and whether or not he was physically present in the auction proceedings---No blind reliance could be placed on such statement of the highest bidder---Case against the accused and co-accused called for further inquiry within the meaning of S. 497(2), Cr.P.C., therefore, both of them were granted bail. THIS JUDGMENT PASSED BY: DOST MUHAMMAD KHAN, JUSTICE:---.--- This single shall also decide the connected petition (C.P.L.A. No. 3760/16) because both have arisen out of the same case and have been directed against the consolidated of the Peshawar High…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492