Case Details

Citation(s)
2010 SLG 2843 = 2010 SLD 2843 = 2010 MLD 1146
Lahore High Court
Criminal Miscellaneous No. 2163-B of 2010, decided on 23rd April, 2010.
Presented By: Manzoor Ahmad Malik, J

IMTIAZ AHMAD---Petitioner

VERSUS

THE STATE and another---Respondents

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.161 & 162---Prevention of Corruption Act (II of 1947), S.5(2)---Police Order (22 of 2002), Art.155-C---Receiving illegal gratification and conducting dishonest investigation of criminal case---Bail, grant of---Further inquiry---Whether alleged recovery had connected accused with the commission of crime, would be determined by the Trial Court after recording the evidence---Offence against accused was outside the prohibitory clause of S.497, Cr.P.C.---Grant of bail in such like cases was a rule and its refusal was an exception---Accused was behind the bars for the last about four months---Accused was admitted to bail, in circumstances. Tariq Eashir v. The State PLD 1995 SC 34 ref. Azhar Hameed Chaudhry for Petitioner. Ansar Ali Warraich for the Complainant. Ch. Jamshaid Hussain, Deputy Prosecutor-General along with Imtiaz Ahmad. Munawar Hussain Langarial, Assistant Director (Investigation) Anti-Corruption Establishment MB Din. ORDER MANZOOR AHMAD MALIK, J.---Imtiaz Ahmad petitioner seeks bail after arrest in case F.I.R. No.556 of 2009, dated 24-12-2009 offence under sections 161 and 162, P.P.C., Article 155-C of the Police Order, 2002 and section 5(2) of the Prevention of Corruption Act, 1947. Precisely allegation against the petitioner is that he while posted as Sub-Inspector after receiving illegal gratification conducted dishonest investigation of case F.I.R. No. 466 of 2009, dated 27-10-2009 offence under sections 302, 148 and 149, P.P.C. Police Station Khatiala Sheikah. 2. Learned counsel for the petitioner, in support of this petition contends that date and time of occurrence is not mentioned in the F.I.R.; that the case was registered initially by the local Police and thereafter the investigation was transferred to Anti-Corruption Establishment; that on 30-1-2010 it was stated before the learned Special Judge Anti Corruption that the Anti-Corruption Establishment has not yet determined whether the petitioner received any illegal gratification but on the basis' of evidence which was in existence on the said date they have declared the petitioner guilty; that this…
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