Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497, 403 & 561-A---Constitution of Pakistan, Art.13(a)---Penal Code (XLV of 1860), Ss.420/468/467/471---Prevention of Corruption Act (II of 1947), S.5(2)---Cheating, forgery, using as genuine forged document, criminal misconduct---Bail petition converted into quashment petition---Quashing of F.I.R.---Double punishment---Accused after registration of the case, in departmental proceedings had been dismissed from service and in appeal his dismissal was converted into major penalty of forfeiture of his past five years service with order to recover all the amounts received by him illegally from the public treasury, which was done and then the accused had been reinstated to his service---Accused, thus, had endured the penalty imposed upon him departmentally, and he could not be vexed twice for the same cause/wrong as per provisions of S.403, Cr.P.C. read with Art.13(a) of the Constitution---Now nothing was to be recovered from the accused and continuance of present proceedings in the case against him would amount to a sheer abuse of process of law and the court---Bail petition was, consequently, converted into a petition under S.561-A, Cr.P.C. and the F.I.R. along with its emanating proceedings was quashed in circumstances. ORDER MAZHAR IQBAL SIDHU, J.---Petitioner Muhammad Ramzan has sought for post arrest bail in a case registered vide F.I.R. No.75 dated 24-11-2008 under sections 420/468/467/471, P.P.C. read with section 5(ii) of Prevention of Corruption Act, 1947 at Police Station, ACE, Distt. Kasur, on the complaint of Dy. District Education Officer (M-EE), Kasur. 2. Cameo of the accusation is that petitioner while serving as PTC teacher in Govt. Primary School Chak Bodla, Distt. Kasur by providing a fake result Card of additional qualification (B.A) got three increments and in this way, he misused his position by preparing a forged document and also being its usage, obtained wrongful gain. 3. Learned counsel for the petitioner submits that it is a case of double jeopardy as departmentally the petitioner was proceeded against, he was dismissed from service, then on appeal he was repatriated by forfeiting his past…

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