Law: Criminal Procedure Code (V of 1898)

Section: 498 , 409, 380 , 109 , 5(2)

  Criminal Procedure Code (V of 1898)-- ---S.498---Penal Code (XLV of 1860), Ss. 409, 380 &. 109---Prevention of Corruption Act (II of 1947), S. 5(2)---Pre-arrest bail---Case involved misappropriation of fertilizer of value of Rs.40,00,000 belonging to Government---Huge stocks of fertilizer kept in various godowns under charge of accused could prima facie be taken to have been entrusted to him and possibility of his being involved in commission of main offence could not be ruled out at that stage---No ground thus had been made out for grant of bail to accused---Bail application was dismissed in circumstances. Criminal Procedure Code (V of 1898)-- ---Ss. 497 & 498---Penal Code (XLV of 1860), Ss. 409, 380 & 109-Misappropriation of public funds having taken an alarming proportion and public servants squandering such funds with great ease and at their pleasure, Courts in country are required to take serious note of such a situation and take more strict view while considering grant of bail in such cases. Ali Bux Laghari for Applicant. A.H. Lakho A.-G. for the State. ORDER This application for grant of pre-arrest bail by applicant Mohammad Ali Mangi has been filed in case registered under sections 409, 380 and 109 P.P.C read with section 5(2) of Act II of 1947 on the complaint of one Khush Mohammad Laghari on 29-8-1989 by Circle Officer Anti-Corruption Establishment Jacobabad. Khush Mohammad the complainant is a Store Keeper/Incharge of Bulk Sales Depot SASO at Thull, District Jacobabad. He filed a written complaint before the Superintendent of Police Anti-Corruption, Sukkur alleging that on his return from leave on 21-8-1989 he went to all the godowns under his control at Thull and found that the door of godown of Dilmurad broken and Government Stocks of fertilizer missing. Similarly he found the main locks of Godowns of Bashir Ahmed Soomro and Lal Bux Kalhoro were also missing and stocks removed. He found out on enquiry that one Hubdar Ali Employee of SASO and others had lifted the stocks through trucks and shifted there fertilizer stocks to Jacobabad and Khairpur. He also found out that District Agriculture Officer Jacobabad, Mr. Mohammad Ali…