ASGHAR ALI vs The STATE
The petitioner, along with 18 others, sought leave to appeal against the dismissal of his pre-arrest bail petition by the High Court in a case involving offences under sections 420, 467, 468, 471, and 109 of the Pakistan Penal Code 1860, read with section 5(2) of the Prevention of Corruption Act 1947, arising from an inquiry into the alleged forgery and cheating regarding the sale of State land. The core legal question concerned whether the petitioner was entitled to pre-arrest bail under the facts and circumstances of the case, particularly considering lack of sufficient opportunity during the inquiry and the grant of bail to co-accused. The Supreme Court held that the petitioner was entitled to the concession of bail. The Court converted the petition into an appeal, allowed it, and granted bail before arrest to the petitioner subject to furnishing security.
- Whether an accused is entitled to pre-arrest bail when not given sufficient opportunity to explain allegations during an inquiry?
- Does the grant of bail to co-accused persons justify the concession of pre-arrest bail to another petitioner in the same case?
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
ASLAM RIAZ HUSSAIN, J.-The petitioner is accused alongwith 18 others of offences under sections 420/467/468/47/109, P. P. C. Read with section 5(2) of the Prevention of Corruption Act, 1947, on the basis of a report made by the Collector, Kasur, as a result of the inquiry relating to the alleged forgery and cheating in respect of sale of State .Land. The petitioner applied for bail before' arrest before the High Court through Cr. Misc. No. 3396/B/81 which was dismissed vide the impugned order dated 24-1-1982. He applied for Leave to Appeal against the said order.
2. After going through the file relating to the inquiries by the Collector we notice that the petitioner was not given sufficient opportunity of appearing and explaining the allegations against him, the petitioner has been involved in the case. Some of the accused are not being arrested by the police while others have obtained bail before arrest. Even Sarwar Baig the main accused has been released on pre-arrest bail after this petition was filed.
3. After considering the facts and circumstances of this case we feel that the petitioner, too, is entitled to the concession of bail. We, therefore, convert this petition into appeal and allow the same.
4. The petitioner is granted bail before arrest in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Assistant Com--missioner, Kasur.