Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 406/409/420/468/477-A/109/34

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.406/409/420/468/477-A/109/34---.---Prevention of Corruption Act (II of 1947), S.5(2)---.---Criminal breach of trust, cheating, forgery, falsification of accounts and corruption---.---Bail, refusal of---.---Accused had taken part in the meeting wherein decision in principle was taken with regard to scraping of tenders already floated which were to be opened---.---Tenders already floated were recalled in the said meeting and fresh tenders for new date were decided with revised menu which enhanced the costs of tenders---.---Accused had headed the meeting along with other officials of organization on the one side and the representative of Collective Bargaining Agent of Trade Union on the other side---.---Said meeting was also attended by numbers of contractors who were interested in the tender---.---Decision taken in the said meeting was to the effect that recipe could be completely removed and assessment criteria be revised---.---Bail application was to be decision date: tentative assessment only and not by a deeper appreciation of the facts or law---.---No doubt an accused was entitled to the benefit of doubt at the bail stage also, but doubt should be seen to exist on a cursory reading of the evidence or law which could be discerned by a tentative assessment of the material on record---.---Applying said rule to the case of accused, request of counsel for accused to appreciate the documentary evidence on record which had been placed by him during the course of arguments, could not be acceded to at bail stage---.---Facts of the case in other bail application filed by co-accused, were distinguishable to the facts of case ofaccused as co-accused had neither participated in the meeting nor he was a member of the tender Committee---.---Statements of witnesses recorded under S.161, Cr.P.C. had clearly shown that Committee in an unequivocal terms had implicated accused with the commission of offence---.---Bail application filed by accused was dismissed, in circumstances. Haji Muhammad Nazir and others v. the State 2008 SCMR 807; Muzaffar Ayaz Abid Baloch v. National…

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