Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 161

Law: Prevention of Corruption Act, 1947

Section: 5(2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 161---Prevention of Corruption Act (II of 1947), S. 5(2)---Illegal gratification---Bail, grant of---Deficiencies in raid proceedings---Patwari was allegedly caught red-handed taking illegal gratification from the first informant for issuance of Fard Malkiat in order to get mutation entered in favour of his wife---Record revealed that raid proceedings were carried out after almost two months of the mutation-in-question having been entered and which (mutation) was sanctioned 16/17 days prior to registration of FIR---Even no assignment of the first informant was pending on the day when the case was registered---No member of raiding party heard conversation between the two while passing money---Application of the first informant was received by the Anti-Corruption Establishment after just one day of the filing of an application before the Sessions Judge for deputing a Magistrate to supervise raid proceedings---Section 161 of Penal Code, 1860 as well as S. 5(2) of PCA, 1947, entailed punishment less than ten years while both did not attract prohibitory clause of S. 497 of Criminal Procedure Code, 1898---Petitioner was no more required by the Anti-Corruption Establishment for investigation---Bail was allowed, in circumstances. Bashir Ahmad v. The State 2001 SCMR 634; Dr. Iftikhar Ahmed Seehar v. The State 2014 YLR 1385; Muhammad Suleman v. The State 2013 PCr.LJ 1051; Imtiaz Ali v. The State 2017 MLD 146 and Sameen Jan (Naib Tehsildar) and another v. The State and another PLD 2011 SC 509 ref. (b) Punjab Land Revenue Act (XVII of 1967)--- ----Ss. 41, 42 & 43---Maintenance of revenue record---Functions to be performed by the Patwaris---Practice of Patwaris engaging private person(s) as their Munshi for performance of the acts assigned to them (Patwaris) under the law---Legality---Report requisitioned by the High Court revealed that numerous privately engaged persons were working as Munshi to the Patwaris, which did not fit into legal mythology---Apart from notified Patwarkhanas, the Munshis were working at rented buildings at prime localities through their own financial…

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