Case Details

Citation(s)
2020 SLG 165 2020 SLD 165 2020 SCMR 249
Supreme Court of Pakistan
Criminal Petitions Nos. 197-K to 204-K, 211-K to 221-K and 230-K of 2019, decision & hearing Dated: 05-12-2019. (Against order Dated 10.10.2019 passed by High Court of Sindh, Hyderabad Bench in Crl. B. A. Nos. S-582 to S-587, S-589, S-590, S-537 to S-543,
MUSHIR ALAM, JUSTICE FAISAL ARAB, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Ahmed Ali Ghumro, Advocate Supreme Court (in Cr. Ps. 197-K to 203-K of 2019). Bashir Ahmed Almani, Advocate Supreme Court (in Cr. P. 204-K of 2019). Abdul Mujeeb Pirzada, Senior Advocate Supreme Court (in Cr. Ps. 211-K to 221-K of 2019

GULSHAN ALI SOLANGI AND OTHERS

VS

THE STATE THROUGH P.G. SINDH MS. RAHAT AHSAN, ADDITIONAL PG SINDH (IN ALL CASES).

Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Principles---Grant of pre-arrest bail was a remedy rooted into equity, at a cost to hamper the investigation---Such judicial protection was extended solely to save the innocent from the horrors of abuse of process of law with a view to protect his dignity and honour---Said remedy could not be granted in every run of the mill criminal case, particularly to an accused facing prima facie charges structured upon material/evidence, warranting custody, that too, on the basis of positions/pleas, verification whereof, was consequent upon recording of evidence. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Petitioners, though nominated in different crime reports, nonetheless, are identically placed inasmuch as they have been declined judicial protection of anticipatory bail by the High Court of Sindh through various orders of even date i.e. 10.10.2019. Controversy arises out of a scam detected in Dadu District when thousands of bags along with wheat were found missing/displaced from designated places. Inquiries conducted by Anti Corruption Establishment, found the petitioners, having been systematically involved in the misappropriation, resulting into a colossal loss to the public exchequer. 2. Gulshan Ali Solangi, Head Clerk in the Department is arrayed in as many as seven crime reports; alongside him, Muhammad Hussain Khokhar and Mahram Pechuhu, private individuals, being beneficiaries are on board in all the cases. Ali Asghar Panhwar, Ghulam Murtaza Butt, Ghulam Hussain Kakepoto, Muzaffar Ali Jaiser, Inam Hussain Abro, Food Inspectors and Allah Bachio, Food Supervisor have been distinctly accused in the above cases. In this common backdrop, these petitions are being decided through this single order. 3. In the face of findings recorded by the Investigation Officers, on the basis of preliminary inquiry held on the…
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