| Case ID |
3d2f9662-a1bf-4ae9-856c-f8cd0760cf6a |
| Body |
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| Case Number |
1st Cr. Bail App. No. S-279 of 2016 |
| Decision Date |
Aug 01, 2016 |
| Hearing Date |
|
| Decision |
The court granted bail to the applicants Najamuddin Bhatti and Tarique Hussain Khaskheli, concluding that the allegations against them did not fall within the prohibitory clause of section 497 of the Criminal Procedure Code. The court noted the lack of direct evidence linking the applicants to the alleged bribe, as no tainted money was recovered from the first applicant and the trap party arrived 15 minutes after the alleged transaction. The court found that the applicants had made a case for concession of bail, emphasizing the need for further inquiry into the prosecution's claims. |
| Summary |
In the case of Najamuddin Bhatti and Tarique Hussain Khaskheli versus THE STATE, the applicants sought post-arrest bail in a corruption case involving allegations of bribery and misconduct by public servants. The case centered around accusations that both applicants, employed by the Sindh Building Control Authority, received illegal payments from a complainant for the issuance of a No Objection Certificate (NOC). The prosecution's case was built on the testimony of the complainant, who claimed to have been extorted by the applicants. However, the defense argued that the applicants were victims of enmity and that the evidence presented was insufficient to establish guilt. The court ultimately determined that the evidence did not meet the threshold required for denying bail, referencing previous case law to support its decision. This case highlights ongoing concerns regarding corruption in public service and the legal standards required for proving such allegations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RASHEED AHMED SOOMRO
|
| Lawyers |
Imtiaz Ahmed Bhatti,
Habibullah G. Ghouri,
Nadeem Tunio
|
| Petitioners |
Najamuddin Bhatti,
Tarique Hussain Khaskheli
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 2079,
2017 YLR 741
|
| Other Citations |
Mohammad Sulleman v. The State 2013 PCr.LJ 1051,
Dr. Iftikhar Ahmed Seehar v. The State 2014 YLR 1385
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act, 1947
|
| Sections |
497,
161,
34,
5(2)
|