Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Constitution of Pakistan, Art. 185(3)---Prevention of Corruption Act (II of 1947), S. 5(2)---Penal Code (XLV of 1860), S. 409---Embezzlement by government employee---Bail, grant of---Further inquiry---As per the contents of the crime report, the allegation levelled against the accused was that he misappropriated an amount of Rs.8,67,440/- from the public exchequer---However, the Law Officer and the Investigating Officer admitted that to date there was no documentary evidence in support of the accusation levelled against the accused---Merely on the basis of a bald accusation, the liberty of a person could not be curtailed---Law Officer argued that an amount of Rs.87000/- was recovered from the accused, which showed that he had committed the crime, but at present stage it could not be said with exactitude as to whether the amount recovered from the accused was part of the amount allegedly embezzled, which aspect could be determined by the Trial Court after recording of evidence---Case of accused called for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Abscondment of accused---Effect---Mere abscondment of accused was not a conclusive proof of his guilt---Value of abscondment, therefore, depended on the facts of each case and bail could be granted if an accused had good case for bail on merits---Mere abscondment would not deprive an accused of bail. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 07.07.2021 passed by the learned Single Judge of the Lahore High Court, Lahore, with a prayer to grant post-arrest bail in case registered vide FIR No. 05 dated 27.02.2013 under section 409, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 at Police Station FIA/ACC, District Lahore, in the interest of safe administration of criminal justice. 2. Briefly…

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