Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 409,34,420,468,467,471

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.409, 34, 109, 420, 468, 467 & 471---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by the public servant, cheating, forgery, using as genuine a forged document and corruption---Bail, refusal of---Pilgrims of Hajj had alleged mismanagement, misconduct and high charges against the improper accommodation provided which was far from Baitullah Sharif---Record had suggested that co-accused was appointed as Building Inspector without remuneration on the direction of accused and Review Committee of Senate/National Assembly, had given a detailed report about the elements of corruption in hiring of low standard buildings at far off place against exorbitant rates---F.I.R. was lodged after proper inquiry and recording statements of concerned persons---No ill-will was shown by accused against the Investigating Agency or the Review Committee---Supreme Court had also issued direction for impartial investigation into the matter, whereupon the investigation team visited `Makkah Almukarama' to find out the facts of the case---Application of S.5(2) of Prevention of Corruption Act, 1947, would be considered by the Trial Court at proper stage---Without deeper appreciation of material available, active role and connivance of co-accused, could not be overruled, whose appointments were facilitated due to the insistence of accused---All documents and the inquiry reports, prima facie, had connected accused with the commission of offence---No case for bail having been made out bail petition of accused, was dismissed, in circumstances. 1995 SCMR 1249; 1995 SCMR 387; 2000 SCMR 107; 2001 SCMR 1040; 2002 SCMR 282; 2007 PCr.LJ 1282; PLD 2003 SC 668; 2009 YLR 880; 2001 YLR 802; 2007 YLR 1024; 2010 YLR 2244; 2005 PCr.LJ 1976; 2008 SCMR 196; 2004 SCMR 235; PLD 1956 SC 417; 2010 PCr.LJ 948; PLD 2011 SC 171; PLD 1995 SC 34 and PLD 1968 SC 310 distinguished. 1995 SCMR 1249; 1995 PCr.LJ 1802 and PLD 1995 Kar.73 ref. ORDER MUHAMMAD ANWAR KHAN KASI, JUSTICE:---.--- The petitioner (Syed Hamid Saeed Kazmi, MNA/Former Federal Minister for Religious Affairs) through the instant petition seeks…

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