Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497(2)---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant, corruption-Bail before arrest, confirmation of---Further inquiry---Bail before arrest being an extraordinary remedy deeper appreciation of the case, was not allowed at bail stage---Accused though were named in the F.I. R., but during the course of investigation, different inquiries were conducted and especially by the Committee which was constituted under. the order of the High Court---Investigation revealed that the loss caused to the Government exchequer, had already been recovered by the department from the security deposited by the contractor---Accused had joined the investigation and nothing was to be recovered from them---Accused persons being not required for the purpose of recovery, sending them to the judicial lock up, would not serve any useful purpose---Accused being government employees, there was no chance of their abscondence or tampering with prosecution evidence, as all the relevant documents were in possession of the prosecution---Case against accused persons calling for further inquiry, ad interim pre-arrest bail already allowed was confirmed, in circumstances. ORDER ABDUL SAMI KHAN, J.--Through this petition under section 498, Cr.P.C, Muhammad Anwar Javed and Muhammad Younas petitioners have sought bail before arrest in case F.I.R. No. 42/10, dated 8-12-2010 registered at Police Station A.C.E Vehari in respect of offence under section 409, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947. 2. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely involved in this case by the complainant. The complainant has got no concern with the T.M.A who is a private person. Further submits that four inquiries were conducted and in each and every inquiry, the loss caused by the petitioner to the Government Exchequer is adjusted. Even otherwise, the amount of loss has been adjusted by the concerned authorities from the security of Contractor already lying with the Department. Submits that mala fide…

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