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Criminal Miscellaneous No. 975-B of 1983, decided on 18th July, 1983.
-- Ss. 497 & 498-Penal Code (XLV of 1860), S. 161-Prevention of Corruption Act (II of 1947), S. 5(2)-Bail-Rule of consistency ---Role of accused identical to those of his co-accused who were enjoying concession of pre-arrest bail-Accused allowed bail under rule of consistency.
Ch. Faqir Muhammad for Petitioner.
Moeen-ud-Din Chaudhri for the State.
This bail petition has been moved on behalf of Muhammad Akhtar Raza Field Assistant in Department of Agriculture. He alongwith Muhammad Ishaque Agriculture officer and Iqbal was reported against for having misappropriated pesticides worth Rs. 94,000 on the basis of forged vouchers. The petitioner's bail plea was declined by Judge Anti Corruption, Multan vide his order, dated 1st June, 1983. Hence this petition.
2. It is alleged that the petitioner had prepared I forged vouchers pertaining to the distribution of pesticide which was received by his co-accused Muhammad Iqbal with the connivance of Muhammad Ishaque Agriculture Officer. Muhammad Aslam Inspector, Anti-Corruption, the Investigating Officer states that the vouchers have been found as thumb marked by Muhammad Iqbal according to the report of the expert Finger Prints. The petitioner is in custody since 1st June, 1983 while his co. accused, namely Muhammad Iqbal and Muhammad Ishaque, Agriculture Officer have been admitted to pre-arrest bail by the Judge, Anti-Corrup tion (Provincial), Multan.
3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
4. Having considered the facts and circumstances of the case, I find that the petitioner's role in this case is identical to those of his co-accused who are enjoying the concession of pre-arrest bail. In view of the rule of consistency, I am inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bond in the sum of Rs. 20,000 (Rupees twenty thousand only) with one surety in the like amount to satisfaction of the Assistant Commissioner/ Duty Magistrate, Multan.
M. Y. H. Bail granted.
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