MUHAMMAD ASHRAF Versus THE STATE

ORDER

Muhammad Ashraf, petitioner alone has approached this Court for the grant of bail in a case registered against him and few others under sections 467,468,471,477‑A, 409 and 420, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947 , after having remained unsuccessful to obtain this relief from the Court of Special Judge Anti‑Corruption, Multan.

2. According to the prosecution, certain sheds for housing the workshop and parking the buses of Punjab Road Transport Board were constructed between the years 1977‑79 at Sahiwal and the building work was supervised by the petitioner as Engineer. During the inspection by Governor's team, it was detected that sub‑standard material in the construction was used. A judicial inquiry was also held into the affairs of construction and the Inquiry Officer held that the supervisory staff was also responsible for negligence in supervision of the construction work as a result whereof the contractor happened to receive overpayment amounting to Rs.21,879.69. It is stated that besides the petitioner his Executive Engineer, Saeed Akhtar and Assistant Engineer Muhammad Jamil Dar and others were also found responsible for sub‑standard work done by the contractor.

3. It is stated that Saeed Akhtar, co‑accused of the petitioner has since been allowed bail by Special Judge, Multan of course on medical grounds.

4. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

5. Mr. Falak Sher Chishti, Circle Officer, Anti‑Corruption Establishment, Sahiwal, states that there is no evidence that the petitioner received any amount from the concerned contractor out of the amount paid to him despite his having used sub‑standard material in the construction work. The case relates to the year 1977‑79. The co‑accused of the petitioner has since been granted bail. I find that it requires further inquiry to establish that the petitioner had gained illegally by causing wrongful loss to the Government. Under the circumstances, this petition is allowed. It is directed that the petitioner be released on bail subject to his furnishing bail‑bond in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in like amount to the satisfaction of A.C./Duty Magistrate, Multan.

S.A. Bail granted.