Case Details

Citation(s)
1977 SLG 1790 1977 SLD 1790 1977 PCRLJ 145
Sindh High Court
Criminal Appeals Nos. 346 and 352 of 1968, 24th January, 1972
IMDAD ALI H. AGHA, J

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Ishtiaq Ali

VS

The State

Law:

Section:

Keywords: Patent, Binding, Order, Set Aside, Failure, Prosecution, Mode, Provisions, Joinder, Consideration, Office, Illegal Gratification, Government, Possession, Petition, Recovery, Payment, Trial Court, Permission, Dispute, Magistrate, Offences, Prejudice, Prevention, Common Object, Procedure, Enquiry Officer, Minutes, Money, Registered, Orders, Civil Court, Division, Omission, Evidence, Investigation, Jurisdiction, Receipt, Establishment, Illegal, Gratification, Profits, Summons, Competent Jurisdiction, Retrial Result: Application allowed JUDGMENT Appellants Ishtiaq Ali and Muhammad Iqbal were tried by the learned Special Judge-cum-Enquiry Officer, Hyderabad and sentenced to 18 months' R. I. Under section 5 (2) of the Prevention of Corruption Act (Act II) of 1947. They have now appealed from their convictions and sentences. 2. The facts of the prosecution case briefly are these. Complainant Ehsanul Haque possessed two houses one at Qasimabad and another at Nazimabad, Karachi. In relation to the latter house there was litigation between him and one lady. The complainant was defendant in that suit and the suit was decided in his favour. A decree was also passed. On behalf of the complainant his Advocate Mr. Z. H. Chishti (P. W. 6) made an application to the VII Civil Judge, First Class, Karachi for mesne profits in relation to the house in Nazimabad, which was the subject-matter of litigation. P. W. Mr. Chishti had delivered this application to the appellant Ishtiaq Ali, who was the Serishtedar at that time of that Court. After some days the complainant went and asked appellant Ishtiaq Ali as to what had happened about his application. He met him in the office of the Court. The complainant alleges that the appellant Ishtiaq Ali demanded bribe from, him and then he would forward his application. The demand for bribe was made for Rs. 150.00. The complainant told the appellant Ishtiaq Ali that he did not have the money at that time and saying this he left the office. The complainant had then requested his Advocate Mr. Chishti to have his petition put up. He then made enquiries from his counsel and the latter told him that appellant Ishtiaq Ali had asked him to…
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