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Criminal Miscellaneous No. 3447/B of 1984, decided on 17th December, 1984.
---S.497‑‑Penal Code (XLV of 1860), 5.409‑‑Bail, grant of‑‑Petition criminally misappropriated pesticides valuing Rs.30,423 and sufficient evidence collected by police proving a prima facie case against him‑‑Bail declined, in circumstances.
Malik Allah Yar Khan for Petitioner.
A.D. Sajid for the State.
Date of hearing: 17th December, 1984.
This is an application for bail on behalf of Abdul Rashid petitioner in case under section, 409/380 P.P.C. read with section 5 (2) of the Prevention of Corruption Act, 1947 registered at Police Station Anti- Corruption, Sargodha vide F.I.R. No.3 of 1981.
2. The allegations against the petitioner are that he criminally misappropriated the pesticides (medicines) of the value of Rs.30,423.
3. The learned counsel for the petitioner submits that there is a delay of four months in lodging the F.I.R; that the store was not checked in petitioner's presence; that the alleged offences do not fall with the prohibitory clause of section 497, Cr.P.C. and that although the case was registered in the year 1981, yet challan has not been submitted. The learned counsel for the State has opposed the plea for the bail of the petitioner.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that the allegation misappropriated pesticides valuing Rs.30,423; that the police has collected sufficient evidence to prove the charge; that the alleged offence under section 409, P.P.C. being punishable imprisonment for life falls within the prohibitory clause of section 497, Cr.P.C. The submissions made by the learned counsel do not make out a case for the grant of bail at this stage. The petitioner may repeat application after submission of challan A if so advised. The Investigation Officer is directed to submit challan within a month.
M.Y.H. Bail declined.
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