NISAR AHMAD vs THE STATE
The petitioner sought leave to appeal against the judgment passed by the learned Judge in Chambers upholding his conviction under section 161 of the Pakistan Penal Code 1860, read with section 5(2) of the Prevention of Corruption Act 1947, along with a sentence of six months' rigorous imprisonment and a fine. The core legal question before the court was whether the recovery of tainted bribe money from a file accessible to multiple persons, coupled with a prior altercation between the petitioner and the complainant, warranted interference with the conviction. The Supreme Court of Pakistan held that the contention regarding accessibility of the file and the alleged clandestine placement of the tainted money by the complainant required consideration. Consequently, the Court granted leave to appeal and ordered that the petitioner's existing bail shall continue during the pendency of the appeal.
- Whether conviction for accepting a bribe can be sustained when the tainted money is recovered from a file accessible to other persons?
- Does a prior altercation between the complainant and the accused provide sufficient ground for granting leave to appeal in a corruption case?
- Section 161, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment passed by the learned Judge in Chambers upholding his conviction under section 161, P.P.C. Read with section 5(2) of the Prevention of Corruption Act, 1947 and sentence of six months' R.I. With fine of Rs,1,000 or in default one month's R.I.
2. The petitioner was charged of accepting bribe of Rs,50 and the tainted money was recovered by the Magistrate from the file which was lying in the almirah. The learned counsel for the petitioner has contended that the file was accessible to many other persons and according to defence in view of the altercation which had taken place between the petitioner and the complainant earlier, he had clandestinely placed this note in the file at that time. The contention requires consideration.
Leave is granted. The petitioner is on bail which shall continue.