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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. ………Respondent

F.I.R. No. 64/2000 Dated 20.11.2000


Police Station Anit-Corruption Establishment,
Multan/F.I.A. Crime Circle, Multan.
Under Section 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High Court, Multan Bench, Multan, which was withdrawn on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 Establishment is highly
objectionable in this regard.
vii) That the petitioner is a gazetted officer and for the
registration of case, a permission from Federal Anti-
Corruption 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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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.

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