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Criminal Miscellaneous No.728/B of 1987, decided on 21st March, 1987.

---S.497--Penal Code (XLV of 1860), S.161--Prev,ention of Corruption Act (II of 1947), S.5(2)--Bail, grant of--Illegal gratification--Accused no longer required 'for purposes of investigation--Offence not falling under prohibitory clause--Accused cannot be kept in lock-up as punishment--Bail granted in circumstances.

Ilyas Saeed for Petitioner.

Aurangzeb Mirza for the State.

Date of hearing: 21st March, 1987.

This is a petition for bail on behalf of Muhammad Iqbal who is being prosecuted in a case under section 161, PPC read with section 5(2) of Prevention of Corruption Act Briefly stated the facts of this case are that Masood Ahmad complainant in connection with some business went to L.D.A. Office and contacted Muhammad Iqbal Patwari to have his job done. Muhammad Iqbal Patwari L.D.A. Lahore demanded Rs.1,000 as illegal gratification from him. He paid Rs.200 and promised to pay the balance Rs.800 next day in the office. As he was not willing to pay bribe, he reported the matter at police station Anti corruption, Lahore on 24-2-1987. A raid supervised by a Magistrate was organized in which Rs.800, the tainted money, was recovered from the person of Muhammad Iqbal petitioner. He was arrested and is in judicial lock-up. The learned Special Judge Anti-corruption on 28-2--1987 refused bail to him. Hence this petition.

2. I have heard the learned counsel appearing for the parties. Itr is conceded by the learned State counsel that the person of Muhammad Iqbal Patwari is no longer required for purposes of investigation. The offence under section 161, PPC is punishable with three years. R.I. while the offence under section 5(2) Prevention of Corruption Act is punishable with 7 years R.I. The petitioner cannot be kept in lock up by way of punishment. I therefore, admit Muhammad Iqbal accused to bail on his furnishing of bail bonds in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of trial Court.

S.A./M-237/K Bail granted.

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