Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 420,467,468,471

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Cheating, forgery and illegal gratification---Bail, refusal of---Prima facie case---Accused were officials from Revenue Department who were arrested by Anti-Corruption authorities for forging revenue record---Reliance upon copies of revenue record by accused to raise plea of valid transaction was besides mark as same were fabricated by no other than accused themselves which were never authenticated by officers in the hierarchy---Accused persons could not take refuge behind court decree---In appropriate cases, concession of bail could be declined though outside ambit of prohibition---Accusation and formidable material in support thereof with a large number ofaffectees, departure from rule would not be unconscionable---Bail was refused in circumstances. (b) Delegation of authority--- ----Delegated authority---Exercise of power---Principle---State is an abstract entity, manifests and exercises sovereign authority over territories and subject through functionaries passed with legislative, executive and judicial responsibilities---Functionaries run affair of Republic and their acts are protected by statutory immunity, presumably being genuinely with bona fide---Delegatedauthority is a sacred trust to be discharged justly, fairly and honestly to accomplish designated purposes under rule of law---Breach of trust may resultinto chaos and turmoil and must be received without condonation. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Crl. Misc. Petitions Nos.921-B/2018, 936-B/2018, 945-B/2018 and 1144-B/2018 filed by Muhammad Ilyas, Fazal Arshad Mirza, Fazal Inam Sabir and Malik Khurshid, respectively, for their release on post arrest bail, arisen out of First Information Report No.15 dated 7-5-2018 registered with Police Station Anti-Corruption Establishment Rawalpindi under sections 420, 468, 467, 471 of the Pakistan Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947, bear a common thread; these are being decided through this single order. At the center of controversy is a…

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