Rana Muhammad Sabir vs The State, etc
This matter concerns four criminal miscellaneous petitions seeking post-arrest bail in a case registered under Sections 409 and 201 of the Pakistan Penal Code 1860, read with Section 5(2) of the Prevention of Corruption Act 1947. The petitioners, government officials, were implicated in an embezzlement case involving Rs. 71,500 following an inquiry, despite not being named in the original First Information Report. The core legal question was whether the petitioners were entitled to post-arrest bail given their non-nomination in the FIR and the fact that the embezzled funds had been fully deposited into the government treasury. The Court held that since the government exchequer suffered no loss and the petitioners were no longer required for further investigation, their continued incarceration served no purpose. The Court granted post-arrest bail, noting that disciplinary proceedings remained an available avenue for the department to address any alleged misconduct. The judgment reinforces the principle that where the primary evidence of loss is mitigated by restitution and the accused are not required for investigative purposes, bail should generally be granted, particularly when the accused are public servants.
- Does the deposit of an allegedly embezzled amount into the government treasury constitute a ground for granting post-arrest bail?
- Can an accused person be granted bail if they were not nominated in the initial First Information Report?
- Is the continued detention of a government official justified if they are no longer required for further investigation?
- Section 409, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
' MUHAMMAD KHALID MEHMOOD KHAN, J. --Through this single order, I intend to dispose of Criminal Miscellaneous No, 8577-B/2012 filed by Rana Muhammad Sabir, Criminal Miscellaneous No, 8478- B/2012 filed by Farrukh Muavia, Criminal Miscellaneous No, 8451-B/2012 filed by Muhammad Younas Javaid and Criminal Miscellaneous No, 8411-B/2012 filed by Abdul Saboor as in all these petitions the petitioners have sought post-arrest bail in case F.I.R. No, 12/2012, dated 07.06.2012, under Sections 409/201, P.P.C. Read with Section 5(2) of P.C.A., 1947 registered with Police Station DACE, Punjab, Lahore.
2. Said F.I.R. Was got registered by Rizwan Akram Sherwani, Director Excise & Taxation, Region-C, Lahore against Adeel Zaheer, Data Entry Operator who in connivance with motor registration agents and other staff embezzled Rs, 71 ,500/-.
3. Learned counsel for the petitioners submits that the petitioners are not nominated in the F.I.R.
And the complainant has falsely roped them in the instant case due to departmental jealousy; that the petitioners are the government officials and it was not the duty of the petitioners to retain the amount and that the embezzled amount has already been deposited in the government treasury, therefore no loss has been caused to the government exchequer. It is further submitted that the petitioners are behind the bars and no more required for further investigation and that there is no likelihood of their abscondance if the petitioners are released on bail as they are all government officials.
4. Learned DPG admits that the petitioners are neither nominated in the F.I.R. Nor they are responsible for recovering the government dues but in inquiry it transpired that they are involved in the embezzlement of the amount. He further admits that the embezzled amount has already been deposited in the government treasury and the government exchequer has not suffered any loss.
5. Heard. Record perused.
6. Admittedly the petitioners are not named in the F.I.R. And they were involved in this case during the inquiry. It is also an admitted fact that the embezzled amount i,e, Rs, 71,500/- has been deposited in the government treasury as such the government exchequer has not suffered any loss. The petitioners are the government employees. The complainant may initiate disciplinary proceedings against the petitioners for establishing their guilt and in case the petitioners are found guilty the complainant may take appropriate action against them. The petitioners are behind the bars and no more required for further investigation. Therefore, to keep the petitioners behind the bars will not serve any purpose.
7. In view of the above, I allow all these petitions and petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs, 100,000/- each with one surety each in the like amount to the satisfaction of the learned Trial Court.
Bail after arrest granted.