Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Prevention of Corruption Act (II of 1947), S.5---Penal Code (XLV of 1860), S.161---Criminal misconduct, public servant taking gratification other than legal remuneration in respect of an official act---Bail, grant of---Accused allegedly had received illegal gratification for issuing the copies of the Record of Rights to the complainant---Two "Reports" had been recorded by the accused in the official record, "Roznamcha Waqiati", prior to the registration of the case or raid upon him to the effect that he had demanded and received the amount in question as "Ujrat" from the complainant for issuing to him the requisite copies of the relevant record---Such fact alone available on the record was sufficient to bring the case of accused within the purview of S. 497(2), Cr.P.C. calling for further inquiry into his guilt---Prohibition contained in S.497(1), Cr.P.C. was not attracted against the offences with which the accused was charged and in such a case grant of bail was a rule and refusal an exception---No exceptional circumstance was forthcoming to warrant refusal of bail to accused---Bail was allowed to accused in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. ORDER CH. IFTIKHAR HUSSAIN, J.--Petitioner Shafaqat Ali through the instant petition has sought for post arrest bail in case F.I.R. No.25 registered under section 161, P.P.C. read with section 5 of the Prevention of Corruption Act No. II of 1947 with Police Station Anti-Corruption Establishment, Lahore on 19-5-2010. 2. Briefly the prosecution case against him as per the F.I.R. is that he in order to give 'Fard' to the complainant demanded illegal gratification Rs.12,000 from him, who paid him an amount of Rs.2000 and obtain the requisite 'Fard' and promised to pay the remaining amount. Later on, he did not pay him the said amount despite his repeated demands and instead informed about the same to the Director of the said Establishment. Consequently a raid was conducted upon him and he was apprehended receiving the amount of Rs.10,000 from him. Hence, the case. 3. Learned counsel for the petitioner has contended that he had…

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