| Citation(s) |
|---|
| 2002 SLG 875 2002 SLD 875 2002 PCRLJ 168 |
Peshawar High Court
Criminal Bail Application No.75 of 2001, decided on 31st August, 2001.
TALAAT QAYUM QURESHI AND EJAZ-UL-HASSAN, JJ
Dost Muhammad Khan and Fida Gul Khan for Petitioner. Tariq Javed Khan, Dy. A.-G. for the State.
Criminal Bail Application No.75 of 2001, decided on 31st August, 2001.
TALAAT QAYUM QURESHI AND EJAZ-UL-HASSAN, JJ
Dost Muhammad Khan and Fida Gul Khan for Petitioner. Tariq Javed Khan, Dy. A.-G. for the State.
Pirzada BASHIR AHMAD SHAH
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.409/468/477-A---Prevention of Corruption Act (II of 1947), S.5(2)---Bail, grant of ---Principles--¬Amount involved in the case though was sufficiently large, but that fact by itself would be no ground for refusing bail particularly when the investigation of the case was not complete and the commencement of trial was likely to take considerable time---No useful purpose would be served if the accused was kept behind the bars for indefinite period because as a rule bail was not to be withheld as a punishment---Bail also could not be withheld only for the reason that the Government funds were involved as the same would not be a ground by itself for refusal of bail ---Co¬-accused had already been released on bail and case against the accused needed further inquiry---Accused deserved the concession of bail on the basis of rule of consistency also. Dost Muhammad Khan and Fida Gul Khan for Petitioner. Tariq Javed Khan, Dy. A.-G. for the State. Date of hearing: 31st August, 2001. JUDGMENT TALAAT QAYUM QURESHI, J.--- Having been involved in case registered vide F. I. R. No.4, dated 7-12-1998 under sections 408/468/477-A, P.P.C. read with section 5(2), P.C. Act Police Station A.C.E. Tank, the accused-petitioner applied for his release on bail in the Court of learned Special Judge, Anti-Corruption, N.-W.F.P. but his application was dismissed vide order, dated 30-5-2001. Now he has moved this Court for his release on bail. 2. The petitioner stands charged for misappropriating a sum of Rs.2,92,200 under the head of salaries from December, 1995 to June., 1999 while he was Chairman, District Zakat Committee, Tank. 3. I have heard Messrs Dost Muhammad Khan and Fida Gul Khan, Advocates representing the petitioner and Mr. Tariq Javed, Deputy Advocate-General representing the State and perused the record. 4. The accused-petitioner admittedly remained Chairman, District Zakat Committee, Tank from 1994 to 1996 during this period cheque…
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