ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Appeal No. D-105 of 2016

C. P. No. D-4525 of 2016

Date	Order with signature of Judge

Cr. Appeal No. D-105 of 2016

1. For hearing of C.M.A. No.2788/2016.

2. For Regular Hearing

C.P. No. D-4525 of 2016

For Katcha Peshi.

11-04-2017

Mr. Gulzar Ahmed Malano, advocate for the appellant in Cr. Appeal No. D-105/2016 and for the petitioner in C.P. No. D-4525/2016.

Mr. Muhammad Zubair Malik, A.D.P.G.A NAB (Sukkur).

Mr. Nisar Ahmed G. Abro, learned D.A.G.

.-.-.-.-.-.-.-.-.-.-.-.-.

Learned A.D.P.G.A. NAB Sukkur has referred the SRO No.712(1)/2005, Dated 22nd September, 2004 (clause 11) and submits that the Chairman NAB has already delegated the powers of the entering into the plea bargain to Director General NAB to accept the plea bargain cases and to refer the matter to court for approval u/s 25(b) of NAB Ordinance 1999 read with Section 15(a) of said Ordinance and release of accused under Section 25(b).

2. The appellant Shahbazi Khokhar has approached to the NAB authorities for the plea bargain. Total amount as determined by the investigation team of NAB against the appellant is of Rs.27,74,342/-, which was offered by the appellant Shahbazi Khokhar as entire amount. The appellant has deposited the entire amount of Rs.27,74,342/- through Demand Draft No. B.C#1114163, dated 09.03.2017 issued from MCB Bank Limited New Anaj Mandi G.T. Road Larkana (0790).

3. The application for plea bargain was also submitted by the appellant to the Director General (NAB) Sukkur. The Director General (NAB) Sukkur has moved the reference, enclosed along with the statement filed today, for approval to this Court U/S 25(b) of the NAB Ordinance, 1999 read with Section 15(a) of the same ordinance, he has recommended the said application of the appellant Shahbazi Khokhar.

4. Learned A.D.P.G.A. NAB Sukkur has recorded his no objection for accepting the plea bargain.

5. We consider that Director General NAB has passed speaking order which is enclosed along with the statement filed today and has given sound reasons to his acceptance of the plea bargain. Accordingly plea bargain of the appellant is hereby approved and the appellant Shahbazi Khokhar shall be released if he is in custody provided that if he is not required in any other case.

6. The appellant shall seize to hold public office, if any, held by him u/s 15(a) of the NAO, 1999, the appellant shall forthwith disqualified for a period of Ten years, to be reckoned from the date he is released after serving the sentence, for seeking or from being elected, chosen, appointed or nominated as a member of representative of any public body or any statutory or local authority or in service of Pakistan or of any Province.

7. Instant criminal appeal and instant petition both are disposed of in the above terms along with listed application bearing C.M.A No.2788/2016.

Judge

Abdul Salam/P.A