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IMAMUDDIN versus AMINA


Criminal Code of Conduct (CR PC) Section 497 Constitutional Code (XLV of 1860), Section 161 Bail, Grant of Inquiry Although full approval of the litigation against the applicant is still pending and the question is whether the applicant has the Department On-the-spot matters run or sent to someone for judicial decision. The decision of the Supreme Court is still pending. The applicant allowed bail in the circumstances

1984 M L D 1394

[Lahore]

Before Khizar Hayat, J

MUHAMMAD NASRULLAH--Petitioner

Versus

THE STATE--Respondent

Criminal Miscellaneous No. 955 of 1984, decided on 26th August, 1984.

Criminal Procedure Code (V

of 1898)--

---S. 497--Penal Code (XLV Of 1860), S.161--Bail, grant of--Investi gation although complete yet sanction for prosecution of petitioner still to be obtained and question whether petitioner be dealt with depart mentally or sent for judicial verdict by a Court of law yet to be decided--Petitioner allowed bail in circumstances.

Ijaz Muhammad Bhatti for Petitioner.

Tasaddaq Hussain Jilani, A.A.-G. for the State.

ORDER

Muhammad Naqrullah is a Patwari who had allegedly received a sum of Rs. 100 by way of illegal gratification for verifying certain document of Munir Hussain (complainant) who wanted to obtain domicile certificate on the basis of that document. On 29-7-1984 the bribe money was recovered by the Raiding Magistrate from his person and the petitioner was arrested, who is presently lodged in judicial lock-up. As learned Special Judge, Anti-Corruption, Multan, declined the bail petition filed by the petitioner, therefore, he has approached this Court for the same relief.

2. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

3. Admittedly, the investigation is complete but sanction for prosecution of the petitioner is yet to be obtained. It is stated that it also remains to be decided as to whether the case of the petitioner will be dealt with departmentally or be sent for judicial verdict by a Court of, law. In the circumstances, this petition is allowed and it is directed that the petitioner be released on bail subject to his furnishing bail bonds in the .um of Rs. 10,000 (Rupees Ten Thousand only) with one surety in like amount to the satisfaction of A.C/Duty Magistrate I, Muzaffargarh.

S. G. D. Bail granted.

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