ABDUL JABBAR vs STATE and another
This matter concerns a petition for post-arrest bail filed by the accused, who was charged under Section 409 of the Pakistan Penal Code 1860 and Section 5(2) of the Prevention of Corruption Act 1947, following allegations of misappropriation of funds allocated to a Citizen Community Board. The core legal question was whether the petitioner, who served as the Secretary of the Board, was entitled to bail given the nature of the allegations and the status of the investigation. The Court held that the petitioner was entitled to the concession of post-arrest bail. The ratio of the decision rests on the finding that the liability for the alleged misappropriation was joint, and there was no specific allegation detailing the petitioner's individual role in the commission of the offense. Furthermore, the Court noted that the investigation was incomplete, the primary accused was an absconder, and the petitioner had already been in judicial custody. The Court reaffirmed the principle that pre-trial detention should not be used as a form of punishment and that the case required further inquiry to be determined at trial.
- Is an accused entitled to post-arrest bail when the alleged liability is joint and no specific act is attributed to them?
- Does the submission of an incomplete challan constitute grounds for further inquiry in a bail application?
- Can pre-trial detention be used as a form of punishment for an accused?
- Section 409, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
The petitioner has filed this application for post arrest bail in the case F.I.R. No, 15/2009 registered against him and others on 6.3.2009 under Sections 409 PPC read with Section 5(2) of the Prevention of Corruption Act, 1947 at Police Station, ACE, Khanewal.
2. The application is resisted from the side of the prosecution.
3. Arguments heard. Record perused.
4. After considering the respective contentions of the parties, it is found that the petitioner was Secretary of the Citizen Community Board, who was given an huge amount for some construction but during the investigation it was found that only work worth Rs, 786578/- has been done at the spot whereas work was required to be done worth Rs, 2901000/-. The Drawing and Disbursing Officer for the said amount was Muhammad Zia-ur-Rehman, Chairman of CCB, who is stated to be absconder in this case. No other accused has been arrested uptill so far whereas the petitioner was arrested in this case on 30.7.2010 and after completion of physical remand has been sent to judicial lock up. The liability was joint one and there is no specific allegation against the petitioner that "what he did"? The incomplete challan has been submitted to the Court. The case of the petitioner is that of further inquiry because the actual guilt will be determined after the trial when the PWs will be put to a test of cross-examination. It is a settled law that no-body can be detained as a punishment. Hence, petitioner is entitled to the concession of post arrest bail.
5. In the circumstances mentioned above, the application in hand is accepted and the petitioner- Abdul Jabbar, is granted bail in this case subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the trial Court.