| Citation(s) |
|---|
| 2000 SLG 726 2000 SLD 726 2000 SCMR 157 2000 SLD 1137 2000 SCMR 157 |
Supreme Court of Pakistan
Criminal Petition No.26-Q of 1998, decision dated: 16-09-1999.
NASIR ASLAM ZAHID, MUNAWAR AHMED MIRZA AND KAMAL MANSUR ALAM, JJ
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Criminal Petition No.26-Q of 1998, decision dated: 16-09-1999.
NASIR ASLAM ZAHID, MUNAWAR AHMED MIRZA AND KAMAL MANSUR ALAM, JJ
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SHAMRAIZ KHAN-
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S.409/467/468/471/477-A/420/109--Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art.185(3)---Bail---Accused as a contractor of Food Department in conspiracy with co-accused, all officials of the said Department, had allegedly short delivered wheat in bags owned by the Government value whereof was about Rs.15 crores---More or less the entire amount had been deposited or was going to be deposited by the accused---Seventeen co-accused in the case had already been granted bail---Interim bail granted to accused was confirmed in circumstances subject to deposit of the remaining undeposited amount---Petition for leave to appeal was converted into appeal and disposed of accordingly. Azizullah Shaikh, Senior Advocate Supreme Court and M. Riaz, Advocate-on-Record for Petitioner. Malik Sikandar Khan, A.-G. alongwith Raja Gul Nawaz, Deputy Secretary, Government of Balochistan, Capt. (Retd.) Muhammad Younus Durrani, Director Food, Government of Balochistan for the State. Date of hearing: 16th September, 1999. ORDER NASIR ASLAM ZAHID, J.---This petition is filed by accused Shamraiz Khan (F.I.R. No.8/97 registered at the Anti-Corruption Establishment, Balochistan, Quetta, under sections 409, 467, 468, 471, 477-A, 420, 109, P.P.C. read with section 5(2) Act II of 1947) seeking leave against the judgment of the Balochistan High Court dated 17-7-1998 dismissing his plea for bail. When this petition came up for orders in Chambers on 5-8-1998 before this Court, the petitioner was granted interim bail in the sum of rupees ten million with one surety to the satisfaction of the Registrar of the Balochisfan High Court. 2. We have heard Mr. Azizullah Shaikh, Senior Advocate Supreme Court, alongwith Mr. Muhammad Riaz Ahmed, Advocate-on-Record, for the petitioner, and Malik Sikandar Khan, learned Advocate-General, Balochistan, for the State. It appears from the submissions made and from the record that, alongwith petitioner Shamraiz Khan, there are 18 co-accused all of whom are officials of the Food Department, Government of Balochistan. It is informed by the learned…
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