Ch. Pervaiz Elahi vs State S — 2025 PCrLJ 685 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PCrLJ 685 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PCRLJ
Parties: Ch. Pervaiz Elahi vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 5; 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

Ch. Pervaiz Elahi VS State S. 497 (2)---Penal Code (XLV of 1860), Ss. 161, 162, 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5 (2)---Illegal gratification, cheating, forgery and misconduct---Bail, grant of---Case of further inquiry---Unexplained delay in FIR---Currency notes, recovery of---Principle---Accused was alleged to have headed the selection committee and made illegal appointments to various posts---Prosecution claimed to have recovered a sum of Rs.4,100,000/- from the possession of accused---Held, that prosecution failed to show from record that currency notes allegedly recovered, had any specification or special marks so that, prior to trial, recovery of unspecified cash could be considered as a reasonable ground as necessitated under S.497, Cr.P.C.---Allegation in FIR was that departmental selection committee, headed by accused had made some changes or committed forgery in the written test but no denial, based on plausible explanation, could be made by prosecution that result was announced by OTS (Open Testing Services) on the website much prior to the alleged date of forgery---There was delay of about two years in lodging the case which was unexplained by prosecution---Case against accused called for further inquiry into his guilt---Bail was allowed.

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