MUHAMMAD ARIF NAVEED vs THE STATE
This matter comes before the Lahore High Court through a bail petition seeking post-arrest bail in respect of a criminal case registered under sections 420, 468, 471, and 409 of the Pakistan Penal Code 1860 read with section 5(2) of the Prevention of Corruption Act 1947 at Police Station A.C.E., Circle Faisalabad. The core legal question concerns whether the petitioner is entitled to post-arrest bail where the police investigation found him innocent, departmental inquiries concluded the allegations were false and the relevant document was genuine, and the competent authority recommended dropping proceedings. The court held that the petitioner has made out a case for the concession of bail under these circumstances. The key principle laid down is that where an accused is declared innocent during investigation and exonerated in departmental inquiries regarding the authenticity of disputed employment documents, further incarceration is unwarranted, justifying the grant of post-arrest bail.
- Is an accused entitled to post-arrest bail when found innocent during police investigation and recommended for discharge by the competent authority?
- Whether the findings of departmental inquiries establishing the genuineness of a disputed document support the grant of bail in criminal proceedings?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
' MIAN MUHAMMAD NAJUM- UZ-ZAMAN, J.-Seeks post arrest bail in case. F.I.R. No,65/2005 dated 4-6- 2005 for the offence' under sections 420/468/471/ 409, P.P.C. Read with section 5(2) of P.C.A., 1947 registered at Police Station A.C.E., Circle Faisalabad.
2. Precise allegation against the petitioner as penned in the F.I.R. Is that in the year 1989 on the basis of fake letter issued from the offence of Chief Minister, Punjab, petitioner got job of Assistant Secretary Board of Intermediate and Secondary Education. Thereafter on 4-6-2005 upon the application of Munir Ahmad son of Muhammad Ramzan this case was registered.
' Petitioner was arrested in this case on 12-10-2005. Bail application of the petitioner was dismissed by Special Judge, Anti-Corruption, Faisalabad vide order dated 24-10-2005, hence this petition.
3. After hearing learned counsel for the parties at some length and perusing the record, I have observed that during the investigation petitioner was found innocent and competent authority has recommended for dropping of the proceedings against the petitioner. Even otherwise, the data available on the record reveals that during three departmental inquiries allegation against the petitioner was found false and it was held that the document on the basis of which petitioner got job was genuine document.
' In the light of the said circumstances petitioner is entitled for the concession of bail. Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs,50,000 (rupees fifty thousand) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Bench.
Cited by 1 case
- MUHAMMAD ATIQUE KHAN vs THE STATE 2010 P Cr. L J 1078