Muhammad Javaid Akhtar Wahla vs State and another
This petition for post-arrest bail arises from FIR No. 04 dated 16.02.2021, registered under Sections 420, 468, and 470 of the Pakistan Penal Code 1860, read with Section 5(2) of the Prevention of Corruption Act 1947. The petitioner, a Secretary of a Union Council, was accused of facilitating the preparation of a forged death certificate. The core legal question was whether the petitioner was entitled to the concession of bail given the nature of the allegations and the status of the investigation. The Court observed that a co-accused had already been granted bail on the basis that no benefit had been derived from the alleged forged document. Furthermore, the Court noted that the offences charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the Court held that bail should be granted as a rule rather than an exception in such circumstances. The petition was allowed, and the petitioner was admitted to bail subject to furnishing bail bonds.
- Does the offence of forgery under the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a public servant entitled to bail when the offences charged do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Should bail be granted as a rule when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 470, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 497, Code of Criminal Procedure 1898
ORDER
Muhammad Javaid Akhtar Wahla alias Badshah (petitioner) has applied for his bail after arrest in case FIR No. 04 recorded on 16.02.2021 under Sections 420/468/470; PPC read with Section 5(2) of the Prevention of Corruption Act, 1947 at Police Station Anti-Corruption Establishment, Khanewal.
2. It was alleged by Abdul Lateef (com plainant) that petitioner being Secretary Union Council had managed preparation of a forged death certificate of Mst. Hameedi grand-mother of complainant.
3. HEARD ,
4. Muhammad Naeem Akhtar private person and co-accused of petitioner has already been allowed bail by this Court vide an order dated 06.09.2021 on the ground that till today no benefit was taken on the basis of death certificate. Petitioner is a public servant and there is no possibility of his absconsion in this case. Offences also do not fall under the prohibitory clause of Section 497, Cr.P.C. and in such like cases bail has to be granted as a rule whereas refusal is an exception. (Tariq Bashir & 5 others vs. The State PLD 1995 SC 34, Muhammad Tanveer vs. The State and another PLD 2017 SC 733 and Sheikh Abdul Raheem vs. The State & another 2021 SCMR 822).
5. Resultantly , this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds in sum of Rs. 50,000/- (fifty thousand) with one surety to the satisfaction of learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.