IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P No.D-788 of 2018 (Cr.A.No.D-45/2018)

C. P No.D-805 of 2018 (Cr.JA.No.D-44/2018)

C. P No.D-746 of 2018 (Cr.A.No.D-41 of 2018)

C. P No.D-701 of 2018 (Cr.Acctt.A No.D-39/2018)

C. P No.D-747 of 2018 (Cr.A.No.D-40/2018)

Date	Order with signature of Judge

Present:

Mr. Justice Abdul Rasool Memon &

Mr. Justice Irshad Ali Shah

M/s Qurban Ali Malano, Nisar Ahmed Bhambhro, Zufiqar Ali Sangi Advocates for petitioners / appellants & appellant Muzamil Hussain in person

Mr. Muhammad Zubair Malik SPP NAB

Mr. Jamshed Ahmed Faiz DAG

Date of hearing: 10-05-2018

Date of Order: 10-05-2018

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ABDUL RASOOL MEMON J; Petitioners / appellants, namely Abdul Sattar Sangi in CPD No.788/2018 (Cr.A.No.D-45/2018, Muzamil Hussain Channa in CPD No.805/2018 (Cr.JA.No.D-44/2018), Abdul Bari Mangi in CPD No.746/2018 (Cr.A.No.D-41/2018), Abdul Hafeez Dharejo in CPD No.701/2018 (Cr.Acctt.A. No.D-39/2018) and Syed Lal Shah in CPD No.747/2018 (Cr.A.No.D-40/2018, seeks suspension of their sentences during pendency of their appeals filed by them, whereby they were convicted in Referrence No.16/2014 u/s 9(a) (iii) (v) (iv) (vi) (xi) and (xii) of NAO, 1999 and sentenced u/s 10 of NAO, 1999, vide judgment dated 5.4.2018 for five years imprisonment and fine of Rs.50 million each which is to be recovered as arrears of land revenue in terms of Section 33-E of National Accountability Ordinance 1999.

2. The petitioners / appellants have served some portion of their sentence as 1UTP, earned remission and the remaining portion which they have yet to serve comes as under:-

i). Petitioner/appellant Abdul Sattar Sangi

Substantive sentence served

One month, five days

Remission earned

Nil

Remaining portion to be served

Four years, ten months & twenty five days

ii). Petitioner/appellant Muzamil Hussain Chana

Substantive sentence served

Ten months, twenty one days

Remission earned

Two months & twenty days

Remaining portion to be served

Three years, ten months & nineteen days

iii). Petitioner/appellant Abdul Bari Mangi

Substantive sentence served

Five months, twenty two days

Remission earned

Two months & six days

Remaining portion to be served

Four years, four months & two days

iv). Petitioner/appellant Abdul Hafeez Dharejo

Substantive sentence served

One year, eight months, one day

Remission earned

Three months & twenty one days

Remaining portion to be served

Three years & eight days

v). Petitioner/appellant Syed Lal Shah

Substantive sentence served

One year, nine months & eighteen days

Remission earned

Three months & twenty three days

Remaining portion to be served

Two years, ten months & nineteen days

3. The allegation against the petitioners/appellants in nutshell is that they being Bank officials, with the connivance with each other fraudulently embezzled an amount of Rs.687.4 million from National Bank of Pakistan Pano Aqil branch and caused loss to the Government Ex-chequer and they alleged to have committed the offence 9(a) of NAO, 1999.

4. The trial court after framing the charge, examining the prosecution witnesses, recording statements of the petitioners/appellants in terms of Section 342 Cr.PC and hearing arguments of both the parties, convicted and sentenced them under the impugned judgment as referred above.

5. Learned counsel appearing on behalf of the petitioners/appellants have contended that the petitioners have not misappropriated or embezzled any amount or caused any loss to the Government Ex-chequers; that there are material contradictions in the evidence of PWs, so also documentary evidence placed on record requires re-appraisal in appeals; the appellants have served substantive part of their sentence and remaining portion referred above is four years or below four years, which is shorter sentence in view of dictum laid down in case of Abdul Hameed vs. Muhammad Abdullah & others (1999 SCMR 2589). They have also placed reliance on the case of Adnan A. Khwaja v. The State (2008 SCMR 1439), and unreported orders dated 30.11.2017 passed by this court in Cr. Appeal No.D-155 of 2017, 3.5.2017 passed in C.P No.D-896 of 2017, 11.5.2017 passed in C. P No.D-894 of 2017 and 26.4.2018 passed in Cr. Appeal No.D-138 of 2016.

6. Learned SPP NAB as well as learned DAG opposed the suspension of sentence of the petitioners/appellants and have contended that sufficient material is available on record connecting the appellants with the commission of alleged the offence.

7. Admittedly the petitioners/appellants have preferred their appeals which have been admitted for regular hearing. The appellants have remained in jail and have earned remission and remaining portion which they have to serve is below three or four years. There is back log of pendency of numerous appeals and in the wake of huge backlog of cases, hearing of these appeals is far sighted. The sentence of four years is shorter in view of the case referred above. In the identical circumstances, petitioners were admitted to bail in the case relied upon by the counsel for petitioner, treating the sentence of five years as short one, therefore we are of the view that the petitioners/appellants are entitled to suspension of sentence and grant of bail during pendency of their appeal referred above.

8. Accordingly petitioners namely Abdul Sattar Sangi, Muzamil Hussain Chana, Abdul Bari Mangi, Abdul Hafeez Dharejo and Syed Lal Shah are admitted to bail subject to their furnishing solvent surety in the sum of Rs.Three million each with PR bond in the like amount to the satisfaction of Additional Registrar of this Court. However, petitioners are directed to deposit their original passports if any they possess with the Additional Registrar of this Court, which shall be retained till further orders. Ministry of Interior Government of Pakistan is directed not to issue any fresh/duplicate passport to the petitioners/appellants without permission of this Court.

In view of the above, constitutional petitions No.D-788/2018, 805/2018, 746/2018, 701/2018 and 747/2018 stands disposed of while Cr. Appeal No.D-45/2018, Cr.JA No.D-44/2018, Cr. Appeal No.D-41/2018, Cr. Acctt: Appeal No.D-39/2018 and Cr. Appeal No.D-40/2018 are adjourned to 12.6.2018.

JUDGE

Rafi