SALAMAT ALI vs STATE, etc.
The petitioner sought post-arrest bail in case FIR No. 01 dated 08.01.2015, registered under Section 161 of the Pakistan Penal Code 1860 read with Section 5(2) of the Prevention of Corruption Act 1947 at Police Station A.C.E., District Khanewal, on allegations of demanding and receiving illegal gratification amounting to Rs. 50,000/- for the preparation and submission of a challan. The core legal question was whether the petitioner made out a case for post-arrest bail where the alleged bribe money was not recovered directly from his person and the offenses did not fall within the prohibitory clause. The Lahore High Court allowed the petition and admitted the petitioner to post-arrest bail, holding that the non-recovery of the amount directly from the petitioner's possession made his case one of further inquiry under Section 497 of the Code of Criminal Procedure 1898, especially considering he was no longer required for investigation and had no previous criminal record. The key principle laid down is that recovery of alleged illegal gratification from a place other than the direct possession of the accused, coupled with non-applicability of the prohibitory clause, constitutes grounds for further inquiry warranting the grant of bail.
- Whether non-recovery of alleged bribe money from the direct possession of an accused makes his case one of further inquiry for the purpose of bail?
- Does an offense under Section 161 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 in the circumstances of this case?
- Can bail be granted when the accused is no longer required for further investigation and has no previous criminal record?
- Section 161, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' The petitioner namely, Salamat A.I seeks post arrest bail in case FIR No. 01 dated 08.01.2015, registered under Section 161, P.P.C. Read with Section 5(2)47, P.C.A., at Police Station A.C.E., District Khanewal.
2. The precise allegations, against the petitioner, as per F.I.R. Are that he demanded and received illegal gratification of Rs. 50,000/-from the complainant.
3. Arguments heard. Record perused.
4. Demand and receipt of the above-mentioned amount, by the petitioner, from the complainant for preparation and submission of challan in case F.I.R. No. 424 dated 13.11.2014 registered under Sections 337-A.I)/337-F(v)/337-L(ii)/34, P.P.C., at Police Station Jahanian District Khanewal has been alleged. The above-mentioned amount was not recovered from the direct possession of the petitioner rather lying on the seat of vehicle wherein the petitioner as well as the complainant was boarded. The said fact to my mind is sufficient one to hold the case of the petitioner as of further inquiry. The offences charged against the petitioner do not fall within the prohibitory clause of Section 497, Cr.P.C. He is behind the bars and as such no more required for any further investigation in this case. His no previous criminal antecedent is available on the record maintained by the police.
5. Resultantly, the instant petition is allowed and petitioner is admitted to bail subject to furnishing bail bonds in the sum of .Rs. 1,00,000/-, with one surety, in the like amount to the satisfaction of the learned trial Court.