Public servant taking gratification other than legal remuneration

2014 Y L R 1190  [Sindh]

                            S. 497—Penal Code (XLV of 1860), Ss.161, 420, 468, 471 & 34—Prevention of Corruption Act (II of 1947), S.5(2)—Public servant taking gratification other than legal remuneration in respect of an official act, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, common intention, criminal misconduct—Bail, grant of—Further inquiry—District Education Officer allegedly made illegal appointments on government posts by issuing fake and false offer/appointment letters—
Said letters bore the handwriting of accused persons, who were working as assistants in the office of District Education Officer—Prosecution was not able to point out whether said letters were sent to hand-writing expert and/or there was any report of such expert available on record—Alleged offences did not fall within the prohibitory clause of S. 497, Cr.P.C.—Case stood challaned and accused persons were no more required by police for investigation—Case of prosecution depended upon documentary evidence, which was with the prosecution, therefore, there was no likelihood of tampering with the same by the accused persons—Case was one of further inquiry—Accused persons were granted bail in circumstances.

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