| Citation(s) |
|---|
| 2010 SLG 2834 2010 SLD 2834 2010 PCRLJ 1078 |
Sindh High Court
Criminal Bail Application No. 273 of 2010, decision Date : 29th March, 2010.
MUHAMMAD TASNIM, JUSTICE
Ms. Masooda Qureshi for Applicant. Shahab Sarki, Standing Counsel along with Inspector Gulsher Mughari, F.I.A. Crime Circle, Karachi for
Respondent.
Criminal Bail Application No. 273 of 2010, decision Date : 29th March, 2010.
MUHAMMAD TASNIM, JUSTICE
Ms. Masooda Qureshi for Applicant. Shahab Sarki, Standing Counsel along with Inspector Gulsher Mughari, F.I.A. Crime Circle, Karachi for
Respondent.
MUHAMMAD ATIQUE KHAN--Applicant
VS
THE State
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 406,409,420,471,477-A,109/34
Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.406, 409, 420, 471, 477-A & 109/34---.---Prevention of Corruption Act (II of 1947), S.S(2)---.---Criminal breach of trust, cheating, falsification of accounts and corruption---.---Bail, refusal of---.---Accused, no doubt stood transferred from the relevant department but date on which the rates of tender were enhanced and the menu was revised, he was very much there and participated in the meeting---.---Accused, in circumstances, was prima facie, connected with the charge---.---Rule of consistency did not apply in the case of accused as he was not similarly placed in the case to that of co-accused who was granted bail---.---Name of co-accused did not appear in the F.I. R., but his name was included on the basis of statements under S.161, Cr.P.C. made by two employees of the mill---.---Accused had participated in the said meeting, whereas co-accused had not taken any part in any meeting with regard to floating of tender---.---Accused being not entitled to concession of bail, his bail application was dismissed. Saeed Ahmed v. The State 1995 SCMR 1970; Muhammad Afzal alias Bodi v. The State 1979 SCMR 9; Abdul Salam v. The State 1980 SCMR 142; Shahzad v. The State 1996 PCr.LJ 978; Muhammad Aslam and another v. The State 1996 MLD 1870; Haji Wali Muhammad v. The State 1996 SCMR 233; Mian Abdul Manan v. The State 2005 PCr.LJ 89; Abdul Rashid v. The State 1996 PCr.LJ 1558; Muhammad Arif Naveed v. The State 2007 YLR 2987; Raza Muhammad Bhutto and another v. The State 2007 PCr.LJ 1979; Muhammad Imran Khalid v. The State 2005 PCr.LJ 1069; Riaz Ahmad v. The State 2007 MLD 407; Tariq Bashir and others v. The State PLD 1995 SC 34 and Sabir Hussain v. State 1999 PCr.LJ 958 ref. THIS ORDER PASSED BY: MUHAMMAD TASNIM, JUSTICE:---.--- The applicant is facing trial before the Court of Special Judge (Central-II), Karachi in Crime No. 1 of 2010, registered at Police Station F.I.A., Crime Circle, Karachi, under sections 406, 409, 420, 468, 471, 477A and 109/34, P.P.C. read with section 5(2), Prevention of Corruption Act, 1947. The brief facts as setout in the F.I.R. are that consequent…
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