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Criminal Miscellaneous No. 3113/ B of 1986, decided on 9th November, 1986.
---S. 497--Penal Code (XLV of 1860), Ss. 409, 468 & 471--Preventior of Corruption Act (II of 1947), S. 5--Bail, grant of--Accused, a Municipal Corporation employee deputed to collect Octroi money--Accused collecting larger amounts but depositing less with Corporation--Accused in lock-up for about one month and was not required for purpose of investigation--Receipt book or misappropriated money not recovered from accused--Accused admitted to bail in circumstances.
Qadir Bakhsh for Petitioners.
Aziz Qureshi for the State.
This is a petition for bail on behalf of Asghar Ali Chishti, Khurshid-ul-Haq and Muhammad Hussain accused who are being prosecuted alongwith others in a case under section 409/468/471, P.P.C. and section 5(2), Prevention of Corruption Act, 1947.
2. In brief the facts of this case are that Municipal Corporation, Faisalabad had leased the collection of octroi duty for the period 1-7-1985 to 30-6-1986 to a contractor. This contract was cancelled on 9-2-1986 whereafter the Municipal Corporation, Faisalabad started collection of octroi duty through its own employees. It was noticed that the octroi income dwindled to a great extent during this period. A sub-committee headed by Municipal Magistrate, Faisalabad was, therefore, constituted to inquire into the loss of octroi income. The said sub-committee reported firstly that some forged receipt books were used by the staff to collect octroi duty and the amount so received was misappropriated by the staff secondly, that in many cases, octroi clerks received octroi duty for one item but in the office copy of the receipt book the said item was not, indicated and instead smaller amount of octroi duty was shown for some other item; and thirdly, the octroi clerks collected octroi duty but did not deposit the same with the Municipal Corporation. The allegation against Asghar Ali Chishti petitioner is that he collected Rs. 13, 152 as Octroi duty but deposited Rs.170 only with the Corporation. Khurshid-ul-Haq petitioner collected Rs.1.941 but deposited Rs.83 only and Muhammad Hussain petitioner collected Rs.24,199 but deposited Rs.52.22 with the Corporation. The remaining amount was misappropriated by the three petitioners who were arrested during investigation of this case about one month earlier. Their application for bail was dismissed by the Special Judge Anti-Corruption. Hence this petition.
3. It is not denied by the Assistant Director, Anti-Corruption Establishment that these three petitioners were Octroi Inspectors and not Octroi Clerks. It was not their duty to collect octroi fee but on account of dearth of staff, they also collected octroi fee and misappropriated the same. I have heard the learned counsel for the petitioners and have also perused the record. The three petitioners are in lock-up for the last one month. Their person is not required) for the purposes of investigation. No receipt book has been recovered from them nor the alleged misappropriated amount was recovered from their possession. In view of these circumstances, the petitioners are admitted to bail on their furnishing of bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the trial Court.
S. A. Bail allowed.
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