Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 409/420/468/471

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.409/420/468/471 ¬-Prevention of Corruption Act (II of 1947), S.5(2) Bail, grant of ¬-Prosecution was twice directed for submission of challan against the accused, once by the Supreme Court and then by the High Court, but the prosecution did not comply with the said directions Even at time of hearing of bail application the prosecution could not submit the challan against the accused Failure of the prosecution to comply with the directions of the Supreme Court and the High Court, was a good ground for the release of the accused on bail Accused way admitted to bail in circumstances 1999 SCMR 2147 ref. Dost Muhammad Khan for Petitioners. Shaukat Hayat Khan, Dy. A. G. for the State. JUDGMENT Sheikh Zahoor ud Din and Muhammad Hussain, petitioners, through the instant application seeks their release on bail in case F.I.R. No.4, dated 27 7 2000 under sections 409/420/468/471, P.P.C. read with section 5(2), Prevention of Corruption Act, Police Station F.I.A., D.I. Khan. 2. Brief facts of the case are that the petitioners alongwith others were involved in this case after the raid conducted by the Army Monitoring Team under the supervision of a Magistrate and other witnesses on a prior information that the Sub Post Office District Courts, D.I. Khan officials are involved in the illegal business of issuing tokens against fake receipt books. Though petitioner No.1 Zahoor ud Din was not arrested with any fake token or receipt, yet the raiding party had recovered stamps and fake receipts from the house of the petitioner which though was allotted to the Post Master. Courts Post Office but was in possession of the petitioner as sublettee. Accordingly, the petitioners, were booked for offence in question vide F.I.R. No.4 of 2000 and also involved in case F.I.R. 3 of 2000, dated 27 7 2001. 3. The petitioners applied for bail before the learned Special Judge, Anti Corruption, N. W.F.P. but their request was not acceded to. The petitioners also failed to get the concession of bail from this Court as well as from the august Supreme Court of Pakistan on merits of the case. The august Supreme Court of Pakistan,…

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