Muhammad Iqbal vs State S — 2026 MLD 982 Gilgit-Baltistan Chief Court

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Muhammad Iqbal VS State S. 497---Penal Code (XLV of 1860), Ss. 161 & 109---Prevention of Corruption Act (II of 1947), S. 5(2)---Public servants accepting bribes or illegal gratification for official act, abetment, criminal misconduct---Bail, grant of---Rule of consistency---Allegation against the accused/petitioner was that he and his co-accused had taken bribery/illegal gratification amounting to Rs. 300,000/= from the complainant on the pretext to adjust electricity bills of a hotel of complainant---Record transpired that admittedly co-accused of the petitioner had been released on bail by this Court---Role of the present petitioner and his co-accused was almost similar---As per contents of FIR, the recovered amount had to be given to the co-accused of the petitioner by the petitioner/accused and the petitioner/accused had also received phone call of the co-accused at the time of recovery of tainted amount---Seemingly role of accused/petitioner did not appear to be different than the role of his co-accused---Thus rule of consistency clearly applied to the case of the present petitioner and he was entitled to be released on bail on that sole ground---Moreover, offences reflected in the FIR did not fall within the ambit of prohibitory clause of S.497 (1) Cr.P.C, hence in such like cases, grant of bail was a rule and refusal was an exception---Furthermore, the petitioner/accused was behind the bars for the last more than four months---Investigation was complete and the petitioner/accused was no more required for further investigation---Detention of the petitioner/accused in prison for an indefinite period would not serve any useful purpose and the petitioner/accused was not a previous convict---Bail application of the accused/petitioner was allowed, in circumstances.

Muhammad Iqbal vs State S — 2026 MLD 982 Gilgit-Baltistan Chief Court

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