NAEEM QADIR SHEIKH vs State Ss — 2022 SCMR 2068 SUPREME-COURT

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NAEEM QADIR SHEIKH VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 409, 420, 467, 468, 471 & 201---Prevention of Corruption Act (II of 1947), S. 5(2)--- Constitution of Pakistan, Art. 185(3)---Officials of Excise and Taxation Department involved in bogus registration of vehicles---Pre-arrest bail, grant of---Further inquiry---Rule of consistency---Admittedly the accused was posted as Excise and Taxation Officer (ETO) in the year 2019 whereas the scam of bogus registration pertained to the years 2015-2018---Investigating Officer stated before the Court that up till now the accused had no nexus with the scam, which was under investigation---As far as the case of the co-accused was concerned, it was his case that he was merely a Data Entry Operator, who was entrusted with the job of punching the data in system---As per SOPs, the basic duty to examine the documents and verify the particulars of the vehicles entered in the system with the original file; the physical examination of the vehicle, and submission of the file after complete satisfaction of the papers of the motor vehicle was the job of the Inspector and not the co-accused---All the officers, who were nominated in the crime report, had been exonerated, which fact prima facie fortified the stance of the accused and co-accused that they had been made scapegoat---One of the co-accused, who had been ascribed a similar role to that of present accused and co-accused had been granted post arrest bail up to the High Court, and his bail was not challenged before the Supreme Court, meaning it had attained finality---Trial Court after recording of evidence would decide about the guilt or otherwise of the accused and co-accused and no useful purpose would be served by sending them behind the bars for an indefinite period---Prima facie there were sufficient grounds to take into consideration that the case of the accused and co-accused was fully covered by section 497(2), Cr.P.C. calling for further inquiry into their guilt---Petitions for leave to appeal were converted into appeals and allowed and accused and co-accused were granted pre-arrest bail.

NAEEM QADIR SHEIKH vs State Ss — 2022 SCMR 2068 SUPREME-COURT

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