C.P.No.D-4232 of 2015

1. For orders on CMA-11745/2015

2. For orders on CMA-11746/2015

3. For Katcha Peshi

11.11.2015

Mr. Nisar Ahmed Bhambhro Advocate along with petitioner.

...............

1. Granted.

2. Granted subject to all just exceptions.

3. Through instant petition, the petitioner Muhammad Arif seeks bail before arrest on the apprehension that NAB authorities will arrest the petitioner pursuant to an enquiry No.58/2015 initiated by FIA, CBC, Karachi, on the allegation of embezzlement and misappropriation of funds, which according to learned counsel for the petitioner, have been subsequently transferred to NAB at the instance of Bank authorities, whereas, the NAB officials intend to arrest the petitioner on the basis of enquiry already conducted by FIA.

However, from perusal of record of instant petition, it appears that neither any Reference has been filed so far by the NAB authorities against the petitioner nor any call-up notice in terms of section 19 of NAB Ordinance, 1999 has so far been issued. While confronted with such position, learned counsel for the petitioner submits that the instant petition may be converted into a petition seeking due protection of law and the respondents may be directed to act strictly in accordance with law and unless there is some concrete material available with the NAB authorities, the petitioner may not be arrested, whereas, the petitioner is willing to associate with all investigation and enquiry and cooperate in this regard.

Mian Mumtaz Rabbani, learned Deputy Attorney General being present in Court submits that instant petition seeking bail before arrest, under the above facts and circumstances, appears to be misconceived, however, did not controvert the request of the petitioner to convert instant petition for bail before arrest into a petition seeking protection in accordance with law.

Accordingly, instant petition may not be treated as petition for bail before arrest and is converted into a petition seeking protection under law. The petitioner is directed to file the amended title and prayer by molding relief sought in this regard, within two days, whereafter, notice be issued to the respondents as well as DAG, however, in the meanwhile, the respondents are directed to ensure that petitioner shall be dealt with strictly in accordance with law, and unless there is some enquiry pending before the NAB authorities, and there is some material available with them to connect the petitioner with the alleged offence, petitioner may not be arrested till next date of hearing. However, the petitioner is directed to associate with the enquiry/investigation, if any, pending before the NAB authorities or the FIA, and shall cooperate in this regard. Petitioner is directed to submit surety in the sum of Rs.100,000/- (one lac) and PR bond in the like amount to the satisfaction of Additional Registrar of this Court.

To come up on 27.11.2015.

JUDGE

JUDGE

N.M.