ABDUL QADIR vs State S — 2023 PCrLJ 1260 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1260 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL QADIR vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 5---P; Penal Code (XLV of 1860); Corruption Act (II of 1947)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL QADIR VS State S. 497---Penal Code (XLV of 1860), Ss. 161 & 420---Prevention of Corruption Act (II of 1947), S. 5---Public servant taking gratification other than legal remuneration in respect of an official act---Cheating and dishonestly inducing delivery of property---Criminal misconduct---Bail, grant of---Allegation against accused was that he had persuaded the complainant for arranging service of his son in Education Department being a teacher in government school---Upon such persuasion, the complainant handed over certain amount as bribe and it was settled that the remaining amount would be arranged after getting the order of appointment---For the purpose of the arrest of accused, a trap was devised as such two memos were made; one for handing over of tainted money and the other for recovery and arrest of the accused---Memo of arrest and recovery did not bear the number of tainted money---Accused had nothing to do with the process of hiring and appointment of any employee in Education Department---Conversation between accused and complainant was neither heard by the raiding Magistrate nor by witnesses---Accused had alleged that the recovered amount was in connection of a deal between the accused and complainant for the sale of a motorcycle---Witness before whom the accused had allegedly demanded bribe had not supported the version of complainant---Accused was entitled to the concession of bail as such he was admitted to post-arrest bail.

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