Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1),498

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 34,109,403,409,420,477A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497/498---Bail---Assessment of evidence---Principle---Deeper appreciation of evidence is not warranted under the law at bail stage and only bird's eye view is to be made. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.409/403/420/477-A/109/34---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust, dishonest misappropriation, cheating, falsification of accounts, criminal misconduct---Bail, refusal of---Act of accused had not only caused loss to the government exchequer, but he, with collusion of other accused, had also misappropriated huge quantity of sugar meant for poor and needy population of the District on a depreciated price---Case was of mega-corruption in which government officials had joined hands with private persons and had deprived the needy people of the Province of their legal rights---Record did not suggest any mala fides or ill-will against the accused---Admittedly, official sugar was found in possession of accused---Co-accused had already been refused bail by High Court on merits---Offences mentioned in the F.I.R. fell within the prohibitory clause of S.497(1), Cr.P.C.---Bail was declined to accused in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD HASHIM KHAN KAKAR, J.--- Applicant, Nizam-ud-din son of Haji Ghulam Haider, seeks post-arrest bail in case Crime No.13 of 2011, registered with Police Station, FIA, Quetta, on 23-6-2011, by complainant Muhammad Hashim, IP, under sections 409, 403, 420, 477-A read with sections 109 and 34 of the P.P.C. and section 5(2)of Act-II of 1947. The relevant facts for disposal of the instant application appear to be that the FIA authorities had received information to the effect that certain persons are involved in illegal purchase and selling of imported sugar in open market and further transporting the same to Afghanistan, which was being supplied to the Utility Stores Corporation by the Trading Corporation of Pakistan, Karachi on depreciated price. On 23-6-2011, on receiving secret information, the FIA authorities raided a Godown situated at Sirki Road, Quetta, where they found a truck,…

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