MUHAMMAD RAFIQUE vs STATE
This is a criminal petition seeking post-arrest bail in a case registered under Section 409 of the Pakistan Penal Code 1860 and Section 5(2) of the Prevention of Corruption Act 1947 regarding the alleged embezzlement of funds by a cashier of the Market Committee. The core legal question was whether the petitioner was entitled to post-arrest bail considering subsequent departmental proceedings and recovery arrangements. The Lahore High Court allowed the petition and admitted the petitioner to post-arrest bail, observing that a portion of the disputed amount had already been deposited, and that the competent departmental authority had reinstated the petitioner and ordered recovery of the remaining amount in installments, rendering his further incarceration purposeless. The key principle laid down is that where departmental authorities have regularized or structured the recovery of allegedly misappropriated funds and reinstated the accused employee, continued pre-trial detention ceases to serve any useful purpose, justifying the grant of bail.
- Whether post-arrest bail should be granted when the departmental authority has ordered recovery of the alleged embezzled amount in installments and reinstated the accused?
- Does the subsequent arrangement of recovering alleged financial dues through installments make further incarceration of an accused unnecessary?
- Is an accused entitled to bail under Section 409 PPC read with Section 5(2) of the Prevention of Corruption Act 1947 when a part of the disputed amount is deposited and departmental recovery is underway?
- Section 409, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
Seeks post arrest bail in case FIR No. 31/2003 dated 13.11.2003 for the offence under Section 409 PPC read with Section 5(2) of P.C.A. 1947 registered at Police Station A.C.E., Pakpattan Sharif, which reads as under: "To, the Additional Director, Anti-Corruption Establishment, Multan Region, Multan. Through the Circle Officer, Anti-Corruption Establishment, Pakpattan. No. 1052- MKT.C/PPN/03 dated 21.6.2003.
Subject: Registration of case against Muhammad Rafique Cashier, Market Committee, Pakpattan.
The Secretary Market Committee, Pakpattan, submitted a report after conducting a preliminary inquiry and perusal of office record that Muhammad Rafique, Cashier, Market Committee, Pakpattan, received cash from Mr. Zahoor Ahmed and Mr. Iqbal Ahmed Khan Sub-Inspectors on 17.6.2003 as detailed below and did not deposit the same day. and day after in the account of Market Committee, he has not turned up as yet and he embezzled misappropriated the said money and disappeared with this cash and the cash is already with him on 18.6.2003.
Sr.No.Name of Sub- Inspector/from whom he received the cashReceipt & datedAmount 17.6.2002 (ii) 7.1838/27502/- to 28 Mr. Iqbal Ahmed 71839/36 to6637 Khan 48 The cash 69961/10 to1233 available with the accused official24 TOTAL Rs. 187261/- The local police was moved for the registration of the case vide this officer Letter No. 1052/MKT.C/PPN/03 dated 19.6.2003 who have informed that this case may be got registered with Anti-Corruption Establishment. You are therefore requested to kindly register a case against the accused Muhammad Rafique and recover embezzled amount at the earliest, Chairman, Market Committee, Pakpattan."
During the investigation petitioner was arrest on 16.1.2007 and his bail application was dismissed by Senior Special Judge, Anti-Corruption, Punjab, Lahore, Camp at Pakpattan Sharif vide order dated 13.2.2007, hence this petition.
2. After hearing learned counsel for the parties and perusing the record, I have observed that out of the disputed amount Rs. 87,261/- has already been deposited by the petitioner in the Government exchequer. With regard to the remaining amount, Director of Agriculture (Economics & Marketing), Punjab vide order dated 16.2.2006 has not only reinstated the petitioner but also directed that the remaining amount alongwith interest i.e. Rs. 1,18,726/- shall be recovered from the petitioner in sixty equal installments (copy of the order passed by Director of Agriculture is available at pages 10 to 12).
3. In the light of the said order passed by Director of Agriculture (Economics & Marketing) wherein the petitioner has been reinstated and the amount recoverable from him has been directed to be paid in installments, further incarceration of the petitioner would not serve any B purpose.
Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs. 1,00,000/-(Rupees One lac only) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Court.