Law: Criminal Procedure Code (V of 1898)

Section: 498

(a) Criminal Procedure Code (V of 1898)--S.498--Penal Code (XLV of 1860), S.409--Prevention of Corruption Act (II of 1947), S.5--Pre-arrest bail, confirmation of--Criminal misconduct or criminal breach of trust--Accuse, Chairman of Zila Council forwarding contractor's application for seeking rebate in lease money to competent authority for consideration and decision-­Subsequently on another application, allowing contractor to deposit half of monthly instalment subject to decision of competent authority-­Accused reminding authorities to immediately deciding contractor" application--Arbitration proceedings pending before Civil Court--Whether contractor entitled to rebate or not sub judice before Court-­Accused contesting proceedings--Permission to deposit half of lease money receiving tacit approval of competent authority--No evidence proving mens rea--No pecuniary advantage to accused proved on record--Political differences between complainant and accused too obvious--Accused joining investigation and producing all record needed for investigation before Investigating Officer--Existence of mens rea, held, could not be automatically presumed merely because public functionary had passed an illegal order and mens rea on part of accused should be proved to bring home charge of criminal misconduct--Interim bail, granted to accused earlier, confirmed in circumstances. (b) Criminal Procedure Code (V of 1898)-- ---S.497/498--penal Code (XLV of 1860), S.409--Prevention of Corruption Act (II of 1947), 5.5--Criminal misappropriation--No property/amount entrusted to accused--State Counsel also conceded-­Interim bail granted to accused confirmed. (c) Criminal Procedure Code (V of 1898)-- ---S.498--Bail application--Complainant's counsel whether competent to address Court as matter of right--Proceedings in bail application in a case yet under investigation, held, could not be called as "case under inquiry"--Inquiry would starter end of police investigation and before trial had commenced--Complainant's counsel would not, therefore, act under instructions of Public Prosecutor--Complainant not entitled to notice in bail application and could not address Court as matter of right.…

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