| Case ID |
5c81848a-49c4-44ab-8f40-510341edbcc2 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1935/B of 1987 |
| Decision Date |
Jul 04, 1987 |
| Hearing Date |
|
| Decision |
The Lahore High Court confirmed the interim bail granted to Sardar Khalid Omer, Chairman of Zila Council, Lahore. The decision was based on the lack of evidence proving mens rea and the absence of any pecuniary advantage gained by the petitioner. The allegations against him involved a significant financial loss to the Zila Council, allegedly caused by allowing a contractor to deposit half of the monthly instalment under a rebate request. The court found that the matter was sub judice before the Civil Court, and emphasized that criminal misconduct requires strong evidence of intent, which was not present in this case. The political context of the accusations was noted, indicating potential ulterior motives behind the charges against the petitioner. |
| Summary |
This case revolves around Sardar Khalid Omer, the Chairman of the Zila Council in Lahore, who was accused of causing a financial loss to the council by allowing a contractor, Mimrez Khan and Company, to deposit half of the lease instalment due to an alleged rebate. The court examined the legal framework surrounding pre-arrest bail under the Criminal Procedure Code, emphasizing that the prosecution must prove mens rea for charges of criminal misconduct. The court ruled in favor of the petitioner, highlighting the lack of evidence for intentional wrongdoing and the ongoing civil litigation regarding the contractor's rebate request. This case underscores the complexities of public service and the scrutiny faced by officials amid political rivalries. The decision reinforces the principle that allegations of misconduct must be substantiated with clear evidence, particularly in politically charged environments, making it a significant reference for future cases involving public servants and corruption allegations. |
| Court |
Lahore High Court
|
| Entities Involved |
Zila Council, Lahore,
Mimrez Khan and Company
|
| Judges |
KHIZAR HAYAT, JUSTICE
|
| Lawyers |
Kh. Sultan Ahmad
|
| Petitioners |
Sardar Khalid Omer
|
| Respondents |
The State
|
| Citations |
1987 SLD 137,
1987 MLD 3192
|
| Other Citations |
National Bank of Pakistan v. Mumtaz Ahmad 1984 S C M R 1436,
Asad Khan v. State 1969 P Cr. L J 1058
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947)
|
| Sections |
498,
497,
409,
5
|