Find a Lawyer

Criminal Miscellaneous No. 2415‑B of 1980, decided on 11th August, 1980.

‑‑ S. 497/498 and Penal Code (XLV of 1860), Ss. 161, 165, 409 & 468 and Prevention of Corruption Act (II of 1947), S. 5 (2)‑Bail Petitioners in collusion with Summary Clerk of Court getting docu ments attached with traffic challans and handing them over to persons concerned after extracting from them handsome amounts‑Summary Clerk after sharing money with petitioners used to show small amounts of fine against those challans in register and as such mis appropriating rest of amount‑Recovery of documents from peti tioners‑Their presence in Court premises and recovery of cash and documents relating to vehicles prima facie linking them with com mission of crime‑Allegation serious in nature and investigation still in progress‑Bail application dismissed in circumstances.

Ghulam Hussain Qureshi for Petitioners.

Abdul Qadeer Waraich for the State.

‑Abdul Hamid and Muhammad Tufail petitioners have moved this petition for bail in a case registered against them and others under sections 161, 165‑A, 409, 420, 468 and 471, P. P. C. and section 5 (2), of the Prevention of Corruption Act, 1947. Their co‑accused Nur Muhammad and Muhammad Akram have moved Criminal Miscellaneous No. 2464‑B of 1980 while Muhammad Shafi and Muhammad Saeed have filed Criminal Miscellaneous No. 2553‑B and Miscellaneous No. 2676‑B of 1980. All these petitions shall be disposed of by this order.

The brief facts of the prosecution case are that Ch. Muhammad Sadiq P. S. I. received secret information that certain persons in collusion with Muhammad Saeed Summary Clerk of the Court of Mr. Gulzar Ahmad Bhatti get documents attached with traffic challans from the aforesaid Summary Clerk and hand them over to the concerned persons after getting handsome payments from them and that the Summary Clerk after sharing the money with those persons showed small amounts of fine against those challans in the Fine‑register and misappropriated the remaining amounts. Ch. Muhammad Sadiq P. S. I. brought this information to the notice of the Assistant Commissioner, Lahore Cantt. on 30th June, 1980 and on the same day at 2.30 p. m. along with other police officials raided the Court premises. The petitioners also with others were apprehended by the Raid ing party A large number of documents relating to vehicles were recover ed from their possession.

2. The learned counsel for the petitioners contends that all the peti tioners are innocent and no case under the aforementioned sections is made out against any of them.

3. I have gone through the relevant material ..An the Summary Clerk, namely Muhammad Saeed petitioner. The investigation further revealed that a large number of challans which were entered in the Traffic Register maintained in the office of the S. P. Traffic were not entered in Register‑I maintained by the aforesaid Summary Clerk which indicated that those challans were returned to the persons challaned and were not placed before the Magistrate. It further transpired that no Challan‑form was found affixed in the relevant Fine‑Register which indica ted that the fine recovered on 29th June, 1980 had not been deposited in the Government treasury. From Muhammad Shafi petitioner one Registration‑Book of a rickshaw, one Driving licence one Insurance Book and 13 Challan chits were recovered alone with Rs. 740 in cash. Two Insurance books, one Route Permit, 7 Registration Books, two Driving licences and an amount of Rs, 2,136 were recovered from Nur Muhammad petitioner. Four Route Permits 24 Driving licences, 24 Registration Books, 5 Insurance Books and 9 challan chits were recovered from Muhammad Akram petitioner. One Registration Book, three Insurance Books, one Driving licence, one Route Permit, 5 challan chits and Rs. 108 in cash were recovered from Abdul Hamid petitioner. Thirty‑one Driving licences, 17 Registration Books, nineteen challan chits 18 .photo copies of challan chits, 3 Insurance Books, two Route Permit and Rs. 2,489 were recovered from Muhammad Tufail petitioner. The recovery of the aforementioned documents from Muhammad Shafi. Nur Muhammad, Muhammad Akram Abdul Hamid and Muhammad Tufail shows their link with the Summary Clerk, namely, Muhammad Saeed. It need be mentioned that at the relevant time, Abdul Hamid petitioner was attached with P. D. S. P. Bench Lahore while Muhammad Akram. Nur Muhammad and Muhammad Tufail were working as process‑server constables attached with Police Line, Lahore. Their presence in the Court premises and the recovery of cash and documents relating to vehicles prima facie links them with the commission of offence. The allegations are very serious and the investigation is still in progress. I, therefore, do not feel inclined admit the petitioners to bail at this stage. Their petitions are, therefore, dismissed.

M.Y.H. Petitions dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.