Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 409,34

Law: Prevention of Corruption Act, 1947

Section: 5

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 409 34---Prevention of Corruption Act (II of 1947), S. 5---Criminal breach of trust by public servant, or by banker, merchant or agent---Common intention---Criminal misconduct---Bail, refusal of---Scope---Accused persons were attributed specific role that they were involved in the illegal sale and purchase of the government stamped medicines by committing fraud and forgery---Huge quantity of government medicines had been recovered from their possession at the time of arrest, which prima facie connected them with the commission of alleged offence---Allegations against accused persons were of serious in nature, as they were involved in the illegal sale and purchase of government stamped medicine in huge quantity, thereby causing loss to the government exchequer, so also the poor and needy patients were deprived of the legitimate right of provision of government medicines at government hospitals---If such practice was not contained with iron hands, the same would be repeated again and again---Offence with which the accused persons were charged fell within the prohibitory clause of S. 497, Cr.P.C. disentitling them to the concession of bail---Accused persons had failed to make out a case of further inquiry---Applications were dismissed, in circumstances. Muhammad Siddique and another v. Province of Punjab and others 2020 PCr.LJ 197; Gulshan Solangi and others v. The State through P.G Sindh 2020 SCMR 249; Nisar Ahmed v. The State and another 2014 SCMR 27; Wazir Muhammad v. The State 2015 YLR 2461; Haji Muhammad Yasin v. The State and another 2018 YLR 908; Muhammad Bux v. The State 2018 YLR Note 38 and Sameen Asghar v. The State 2018 YLR Note 70 distinguished. Gulshan Ali Solangi and others v. The State through P. G Sindh and others 2020 SCMR 249 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail---Deeper appreciation of evidence---Scope---Deeper appreciation of evidence of material available on record cannot be undertaken while deciding bail application. ORDER AFTAB AHMED GORAR, J.---By way of this common order, these three bail applications filed by the applicants…

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