| Citation(s) |
|---|
| 2010 SLG 2579 = 2010 SLD 2579 = 2010 YLR 1742 |
Lahore High Court
CO. M. No.2791-B of 2010, decided on 12th April, 2010.
Presented By: Shahid Hameed Dar, J
CO. M. No.2791-B of 2010, decided on 12th April, 2010.
Presented By: Shahid Hameed Dar, J
Master ALLAH RAKHA---Petitioner
VERSUS
THE STATE and another---Respondents
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), S.5---Criminal breach of trust by public servant---Bail, refusal of---Allegations against petitioner were supported by a long list of witnesses who had endorsed the version of the complainant---Petitioner had deposited thousands of rupees in public treasury but could not produce cogent and credible evidence before the Investigating Officer for his exoneration---Available evidence showed, prima facie, that petitioner was found involved in the alleged offence---Petitioner had caused loss of lacs of rupees to the public exchequer---Alleged offence fell within the ambit of prohibition of S.497, Cr.P.C.---No reason was found to believe that the petitioner had not committed any non-bailable offence---Bail was refused. Ali Zia Bajwa for Petitioner. Sahibzada M.A. Amin Mian, Additional Prosecutor-General for the State. Shah Muhammad Mehdi Ata Ghazali, for the Complainant-Respondent No.2. Farrukh Sohail, Inspector/Circle Officer, Anti-Corruption Establishment, Khushab. ORDER SHAHID HAMEED DAR, J.--The brief allegation against the petitioner is that he being Headmaster Government High School, Chak No.47/MB, District Khushab committed extensive financial corruption by committing theft of government property including the wood and electric wires worth thousands of rupees during his stay of 9 years as Senior Headmaster of the School. The detail of his malpractices committed has been furnished in the F.I.R. No.25 of 2009 dated 3-9-2009 under section 409, P.P.C. read with section 5, Prevention of Corruption Act 1947, Police Station ACE, Khushab. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to malice and ulterior motives of a subordinate School Teacher, namely, Ghulam Dastgir, who used Naseer Ahmad complainant as a tool against the petitioner, that the petitioner's career as a School Teacher, spanning over23 years is spotless and there has not been any such allegation against him earlier; that the said Ghulam Dastgir is inimical towards the petitioner as he was oftenly checked by…