Law:

Section:

Criminal Procedure Code (V of 1898)-- ---S. 497/498--Penal Code (XLV of 1860), S. 409--Prevention of Corruption Act (II of 1947), S. 5 (2)---Constitution of Pakistan (1973), Art. 185(3)--Bail--Judicial discretion of High Court, exercise of-­Petitioner allowed pre-arrest interim bail by Special Judge--Petitioner did not appear personally on date fixed for confirmation--Bail cancelled-­High Court rejected application on ground that proper course open to petitioner was to approach Special Judge again--Order impugned-­Supreme Court declined to interfere with judicial discretion exercised by High Court but granted accused ad interim bail so as to approach High Court again, if so advised. ORDER ASLAM RIAZ HUSSAIN, J.-- Muhammad Akbar Virk petitioner is Deputy General Manager in the Pakistan Agricultural Storage and Services Corporation (PASSCO). He is accused of offence under section 409, P.P.C. and 5(2) of the Prevention of Corruption Act, 1947. He applied for bail before arrest to the relevant Judge Anti-Corruption who granted him ad interim bail before arrest. He was, however, not able to be present on the date fixed for confirmation of the interim bail and instead produced a medical certificate, through his counsel, in support of the plea that he was unable to attend the Court due to illness. The learned trial Court however, felt that the said medical certificate was not genuine and therefore cancelled his pre-arrest bail. The petitioner then applied for grant of pre-arrest bail to the High Court and the matter was fixed before Mr. Justice Khizar Hayat who observed, inter alia, that:- "In the circumstances it would be appropriate if the bail petition is heard and…

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