Muhammad Saeed

BEFORE THE JUDGE, SPECIAL COURT (CENTRAL), MULTAN.

Muhammad Saeed S/o Muhammad Younas, caste Rajput, R/o Allama Iqbal Town, Lahore, posted as X-En, WAPDA. ……..Petitioner VERSUS The State.

F.I.R. No.

………Respondent

64/2000

Police Station Under Section

Dated 20.11.2000

Anit-Corruption Establishment, Multan/F.I.A. Crime Circle, Multan. 161 P.P.C. read with 5 (2) 47 P.C.A.

Petition for Post-arrest bail Under Section 497 Cr.P.C.

Respectfully Sheweth: 1.

That the above-cited case has been got registered on the complaint of Muhammad Yousaf who stated therein that he is a contractor of WAPDA Department, he has executed Soling Work at Thermal Power House, Muzaffargarh in 1998 and the petitioner at that time demanded Rs. 42,000/- as illegal gratification. I requested the petitioner and told about the good work but he did not pass his work without getting bribe. Ultimately, I paid Rs. 30,000/- to the petitioner thereafter, the accused/petitioner has been transferred to some other place but still he is demanding outstanding amount of Rs. 12,000/-. I do not want to pay any bribe, kindly take action. Copy of the F.I.R. is attached as Annexure “A”.

2.

That upon the application of the complainant, a raid was conducted under the supervision of the Magistrate and a tainted of Rs. 12,000/- has been recovered from the possession of the petitioner. The petitioner was arrested and sent to the judicial lock-up.

3.

That the petitioner moved post-arrest bail to the learned Special Judge (Central), Multan, which was dismissed on 23.12.2000. Copy of the order is attached as Annexure “B”. The petitioner submitted an application before the Hon’ble High Court, Multan Bench, Multan, which was withdrawn on 18.1.2001. Now the petitioner is submitting this application for the grant of bail inter alia on the following: GROUNDS i)

That the petitioner is innocent and roped up in this case.

ii)

That a conspiracy was hatched by the complainant and police against the petitioner.

iii)

That the stay of prosecution is unbelievable. The petitioner has no concern whatsoever after the transfer with the contracts of the complainant. Also, nobody is ready to pay any illegal gratification to a person who can not extend any benefit to him.

iv)

That the petitioner, just after the raid, was brought to the

hospital

in

unconscious

condition,

which

corroborate the version and statement of the petitioner before the raiding Magistrate. v)

That the petitioner is an employee of Federal Government and Anti-Corruption Establishment has no authority to register/investigate a case against the petitioner.

vi)

That the Anti-Corruption Establishment has committed an illegality and under the procedure, the investigation of the case is not transferred to the F.I.A. The conduct of

the Anti-Corruption

objectionable in this regard.

Establishment

is

highly

vii)

That the petitioner is a gazetted officer and for the registration of case, a permission from Federal AntiCorruption Committee, Islamabad, is required under the law, which is not obtained at initial stages, neither applied in the course of investigation.

viii) That the punishment for the offences alleged in the F.I.R. does not fall within the preview of Prohibitory Clause of Section 497 Cr.P.C. ix)

That the ingredients of both the sections are not attracted as per version and proceedings of prosecution.

x)

That the petitioner is behind the bars since last more than two months and no useful purpose can be served from the further detention of the petitioner.

xi)

That the investigation of the case is complete and the person of the petitioner is no more required for further investigation.

xii)

That the petitioner is previous non-convict and having no record also.

xiii) That the petitioner is seriously ailing in the Jail and no proper facilities for detection, investigation and medicine are available in the jail. Under the circumstances, it is therefore, humbly requested that the petitioner be released on bail. Humble Petitioner, Dated: 30.1.2001. (Muhammad Saeed) Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

BEFORE THE JUDGE, SPECIAL COURT (CENTRAL), MULTAN.

Muhammad Saeed

VS.

The State.

APPLICATION FOR REPORT FROM JAIL.

Respectfully Sheweth: 1.

That the petitioner is in judicial lock-up since 21.11.2000.

2.

That the petitioner is suffering from the attack of different diseases in the jail, especially in respect of heart and chest.

3.

That there is no facility for the proper diagnosis, determination and investigation of the ailment of the petitioner.

4.

That the health of the petitioner is going to be deteriorated due non-availability of proper treatment, investigation and medication.

5.

That the life of the petitioner is endangered at present. It is, therefore, prayed that the report may please be called from the jail Authorities for further necessary action. Humble Applicant,

Dated: __________ (Muhammad Saeed) Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

BETTER COPY OF ORDER

Present:

Learned Counsel for the petitioner. Ch. Zulfiqar Ali Inspector Legal, F.I.A. Multan with record. This is an application for post-arrest bail.

In the case F.I.R. No. 64 dated 20.11.2000, registered under section 161 P.P.C. and section 5(2) 47 P.C.A. at P.S. A.C.E. Multan. 2.

Muhammad Saeed petitioner is an X-En in Wapda. He remained posted at Muzaffargarh Thermal Power House in the year 1998. Muhammad Yousaf, the first informant claims himself as a contractor of Thermal Power House. Under the supervision of the petitioner the complainant statedly constructed a Soling Road in the power house as a contractor. Muhammad Saeed/petitioner the X-En demanded Rs. 42,000/from him for passing his bill. After some protect, Rs. 30,000/were paid to him and Rs. 12,000/- were to be paid later on. Meanwhile, Muhammad Saeed X.En was posted to some other place but he kept persisting his demand of balance money. The complainant ultimately invited him at his home in Multan to pay the balance amount of Rs. 12,000/- and also got arranged a raid from A.C.E. Multan and in a trap, the petitioner was caught red handed with Rs. 12,000/-, currency notes already initialed by a Magistrate supervising the raid. Finding the raiding party before him, the petitioner fainted at the spot, but after making a statement. He was got checked medically from Nishtar Hospital and then was sent to judicial lock-up.

3.

Learned Counsel for the petitioner contends that the offence against the petitioner does not fall within the prohibitory clause of section 497 Cr.P.C., he is behind the bars since 20.11.2000, that the conduct of A.C.E, Multan is highly

objectionable; that the establishment not only sent the record through a gardener but also made a wrong statement in the court stating that the record has already been sent to Director of the Establishment at Lahore; this fact was found false; that still A.C.E. Multan is sitting on the record; that petitioner is an officer in B.P.S. 18 and as such the trial against him cannot be proceeded without recommendation from a high power committee yet to be constructed at Islamabad; that no useful purpose would be served by keeping the petitioner in lock-up. 4.

On the other hand learned Inspector Legal has opposed the bail petition.

5.

Arguments have been appreciated in the light of record. The petitioner is an officer in BPS-18. There is nothing on record that he had any connection whatsoever with the complainant. Even then he came in his house and was caught red handed and tainted amount was recovered from him. So, prima facie the story in F.I.R. sounds to be a seedy tail of greed and corruption and this fact done gives special touch to the case of the petitioner who is not entitled to bail. This petition is dismissed.

Announced:

23.12.2000

SPECIAL JUDGE (CENTRAL), MULTAN.