MUHAMMAD SIDDIQUE Versus STATE

ORDER

This is a petition for the grant of bail on behalf of Muhammad Siddiq son of Qadir Bakhsh who stands challaned under section 5(2) of Prevention of Corruption Act read with sections 409, 109, 420 and 414, P.P.C. on the allegation that he had kept in his possession Rs.4,300 a part of the amount embezzled from Government Funds by his co‑accused Mushtaq Ahmad, Cashier of Ch. Rahim Bakhsh Cotton Factory, C.T.C. Mailsi, on 2‑2‑1977. The petitioner as well as his co‑accused Mushtaq Ahmad were challaned to Court. He faced the trial from 3‑5‑1977 to 27‑ 1‑ 1982. During this span of time 10 P.Ws. were examined whereafter it is alleged that the petitioner absconded and the surety bond filed by his surety was forfeited. The petitioner was re‑arrested on 21‑12‑1986. He applied for bail to the trial Court but remained unsuccessful, hence this application.

2. It is contended that petitioner's parents had fallen seriously ill in Dubai and, therefore, he was forced to leave the country for looking after them. Learned counsel for the State, however, opposes the petition.

3. I am told that trial of the petitioner with his co‑accused Mushtaq Ahmad has recommended. The occurrence dates back to the year 1977. About a dozen P.Ws. evidence now remains to be recorded. In the circumstances, I feel inclined to allow this petition. It is directed that the petitioner be released subject to his furnishing bail bonds in the sum of Rupees fifty thousand (Rs.50,000 only) with one surety in the like amount to the satisfaction of the trial Court.

S.G.D./M‑215/L Bail granted.