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Criminal Petition for Special Leave to Appeal No. 305 of 1979, decided on 23rd October, 1979.
(On appeal from the order dated 2‑6‑1979 of the Lahore High Court, Lahore in Cr. Misc. No. 1647‑B of 1979).
Criminal Procedure Code (V of 1898)‑
----S. 497‑Bail‑First Information Report lodged 10 months earlier but even an incomplete challan not yet submitted‑Audit being con ducted to determine exact value of pipes allegedly removed by accused from Government store‑Case, held, fit for' grant of bail‑Bail allowed with liberty to prosecution to apply for cancellation of bail after completion of investigation and submission of challan‑Penal Code (XLV of 1860), S. 409/461/468/471.
Sh. Zamir Hussain, Advocate Supreme Court of Pakistan instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
Malik Abdul Hamid, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate‑on‑Record for the State.
Date of hearing : 23rd October 1979.
‑Zahoor Hussain, Sub‑Engineer, Stores, Public Health Engineering Department, Lahore, is accused alongwith Yahya Ghauri, Haji Muhammad Sharif and Rehmat Ali for an offence under section 409/461/468/471, P. P. C. read with section 5(2) of the Prevention of Corruption Act, 1947 for misappropriating a considerable number of P. V. C. Pipes belonging to the aforementioned department of the Government. His bail application was rejected by the High Court vide the impugned order. Hence the present petition. Notice was issued to the State. Mr. Ijaz Ali, A. O. R. is present for the State, alongwith the Investigating Officer.
We heard the learned counsel for the petitioner as well as the learned A. O. R. for the State. Investigating Officer was also present.
In reply to the contention of the petitioner's counsel, the Investigating Officer admitted that even an incomplete challan has not been committed in the case although the F. I. R. was lodged as far back as 7‑12‑1978 and secondly that an audit is being conducted to determine the exact; value, of the P. V. C. Pipes which were removed from the Government Store. In this view of the matter we consider this to be a fit case for grant of bail to the petitioner. We, therefore, convert the petition into as appeal and accept it. The petitioner is allowed bail in. the sum of Rs. 2,50,000 with two sureties in the like amount, to the satisfaction of Assistant Commis sioner; Faisalabad. .
It may, however, be mentioned that, if so advised, the prosecution would be at liberty to apply for the cancellation of bail after the completion of the investigation and submission of the challan.
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