Law: Criminal Procedure Code (V of 1898)

Section: 497 , 5(2)

Criminal Procedure Code (V of 1898)-- ----S.497---Penal Code (XLV of 1860), S.420/161---Prevention of Corruption Act (II of 1947), S.5(2)---Bail---All offences with which accused was charged in F.I.R. were not hit by the prohibitory clause of S.497, Cr.P.C.---No eye-witnesses were named in F.I.R which made it the case of further inquiry---Accused was admitted to bail in circumstances. Sardar Muhammad Hussain Khan for Petitioner. Ch. Muhammad Ashraf for the State. ORDER A case was registered against the petitioner vide F.I.R. No.2/89 at Police Station Anti-Corruption, Bahawalpur, on 24-1-1989 under section 420/161, P.P.C., read with section 5(2) of the Prevention of Corruption Act, 1947. According to the F.I.R., the accused/ambulance driver had extracted Rs.400 from the complainant, Habib-ur-Rehman, with the promise to transport his brother-in-law, Ghulam Hussain who had been injured in a motor-cycle accident to the B.V. Hospital in Bahawalpur from Ahmedpur East, the place of accident. It is further stated that the accused never turned up at the place of accident alongwith his ambulance to transport the injured to the Hospital in Bahawalpur. Hence this complaint against him. The petitioner was arrested on 28-1-1989 and he is in the judicial lock up. The petitioner/accused had moved a bail application before the Special Judge, Anti--Corruption, Bahawalpur, but the same was rejected vide order dated 2-2-1989. The learned counsel for the petitioner contends for bail on the following grounds:- That there is a delay of one year in the registering of the F.I.R. without any explanation for the same; That no eye-witnesses are named in the F.I.R., therefore,…