Brig. (Retd.) MANZUR MALIK vs THE STATE
This is a post-arrest bail application filed by the petitioner, who is facing trial under sections 409, 420, 161, and 218 read with section 109 of the Pakistan Penal Code 1860, and section 5(2) of the Prevention of Corruption Act 1947, for allegedly misusing his powers as Chairman/Director-General of the Lahore Development Authority to allot a valuable plot to his wife. The petitioner's earlier bail applications before the Special Judge and the High Court were unsuccessful, though a Medical Board constituted by the High Court confirmed he suffered from effort angina following a previous by-pass surgery. The Supreme Court considered that the petitioner's wife had been granted leave to appeal and interim bail in a related matter pending before the Court. Consequently, the Supreme Court admitted the petitioner to interim bail subject to furnishing surety bonds, and directed that both matters be heard together at the Lahore Registry.
- Whether post-arrest bail should be granted to an accused suffering from serious heart ailments after bypass surgery?
- Can interim bail be granted when a related appeal of a co-accused is pending before the Supreme Court?
- Section 409, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 161, Pakistan Penal Code 1860
- Section 218, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
SAJJAD ALI SHAH, C.J.---This is bail application for post-arrest bail of the petitioner, who is being tried under sections 409, 420, 161, 218 read with 109, P.P.C. And section 5(2) of the Prevention of Corruption Act, 1947. He was taken in custody on 5th July, 1994. He applied for bail on merits and medical ground before the Special Judge, Anti-Corruption (Punjab), Lahore, which was dismissed.
He applied for bail in the High Court which ordered constitution of a Medical Board consisting of two Cardiologists who have given positive findings in the report that the petitioner, who had undergone by-pass surgery for heart ailment, was still suffering from effort angina. After receipt of the report, it is stated that, the High Court has remanded the hearing of bail application to the trial Court.
2. Allegation of prosecution is that the petitioner, while performing duties as Chairman/Director- General of Lahore Development Authority, misused his powers and allotted very valuable plot to his wife for construction of a charitable clinic.
3. It is stated that his wife filed petition for leave to appeal in this Court, ". Which is granted and she is on interim bail and that her petition is pending for hearing at Lahore Registry of this Court. Likewise, we admit to interim bail petitioner herein in the sum of Rs.5,00,000 with one surety and P.R. Bond in the like amount to the satisfaction of the trial Court. By consent let both these matters to be heard at Lahore whenever the Bench is available in the next session.