IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P.No.D-
645 of 2019.
A/wC.P.Nos.D- 645, 662, 664, 665, 666, 669, 707,
719 & 1156 of 2019.
Date |
Order with signature of Judge |
Before:
Mr.JusticeNazar
Akbar
Mr.Justice Muhammad
Faisal Kamal Alam
-
Petitioners:
1. Aijaz
Ahmed Magsi
and
another
In
C.P.No. D – 645/2019 ThroughMr.Rukhsar Ahmed Junejo, Advocate.
2. NazeeruddinQazi
In
C.P.No.D-661/2019.
Shahid
Hussain Suhag
In
C.P.No.D- 707/2019.
&
QaziKhair
Muhammad
In
C.P.No.D -1156/2019. Through
Mr.Bashir Ahmed Samejo, Advocate.
3. Imtiaz
Ali and others
In
C.P.No.D- 662/2019
4. Saeed
Ahmed Pechuho
In
C.P.No.D- 664/2019.
Aziz-ur-Rehman
In
C.P.No. D – 669/2019.
&
Muhammad
Abid
In
C.P.No. D – 719/2019 ThroughMr.Dareshani Ali Haider ‘Ada’ Advocate.
5. Maqbool
Ahmed and ors
In
C.P.No.D- 665/2019 ThroughMr.Nisar
Ahmed Bhanbhro, Advocate.
6. Abdul
NaeemSoomro
In
C.P.No. D – 666/2019.
Respondents.
Federation
of Pakistan
Through
Chairman NAB,
Islamabad
and others. ThroughMr.Muhammad Zubair Malik,
Special
Prosecutor.
Date of Hearing 17th
March, 2021.
O R D E R.
NAZAR
AKBAR, J- By this common order, we intend
to dispose of the above captioned constitutional petitions filed by the
petitioners
Aijaz Ahmed Magsi, Latif Dino,
NazeeruddinQazi, Imtiaz Ali, Ghulam Qasim, Saeed Ahmed Pechuho, Maqbool Ahmed,
Riaz Ahmed, Junaid Ahmed, Abdul NaeemSoomro, Aziz-ur-Rehman,sShahid Hussain
Suhag, Muhammad Abid and QaziKhair Muhammad, seeking pre-arrest bail in
Reference No.07 of 2020, pending adjudication before the Accountability Court
at Sukkur.
2. It is alleged that the petitioners/accused
officers/officials of Pak PWD Larkana, Rural Development Department Larkana
Division,Highways Division KambarShahdadkot and Buildings Division
KambarShahdadkot acted in furtherance of conspiracy and in connivance with each
other, misused their authority in collusion with private petitioner
(contractors) and rendered undue benefits/favour to private petitioners to gain
benefits and to misappropriate the Government funds which has caused loss to
the Government exchequer to the tune of Rs.4,70,32,403/-.
Thus the petitioners/accused have committed the offence of corruption and
corrupt practices and after completing the investigation, the aforementioned
reference was filed against the petitioners/accused.
3. Learned counsel for the petitioners mainly
contended that the petitioners have been implicated in this case by the NAB
authorities with malafide intention and ulterior motives; that no such loss has
been caused to the Government exchequer by the petitioners. Learned counsel for the petitioners after
arguing the matter at some length, submitted that though the allegations
leveled against the petitioners in the reference are false but inspite of that
they are ready to deposit an amount equivalent to the extent of loss allegedly
caused by them to Government exchequer.
4. Learned Special Prosecutor NAB assisted by
I.O has objected to the acceptance of such proposal even if the entire amount
is secured. He has contended that in one of the cases the Honourable Court has
disapproved this kind of concession at the bail stage. He has placed on record
the statement showing the individual liability of each petitioner, which is
taken on record.
5. We have heard arguments advanced by the
learned counsel for the parties and perused the material available on record.
6. The material available on record, reveals
that the documentary evidence has already been collected by the Investigating
Officer and there is no apprehension of tampering with the evidence as all the
P.Ws are official witnesses. The reference has already been filed against the
petitioners before the Accountability Court at Sukkur, where in the case the
charge has been framed and some of the PWs have already been examined by the
trial Court. The petitioners are
regularly attending this Court as well as trial Court and did not misuse the
concession of interim pre-arrest bail extended to them. The petitioners are
voluntarily ready to deposit the liability amount as leveled against each one
of them in the impugned Reference No.18 of 2019.The Honourable Supreme Court
also granted bail to an accused on similar terms as discussed above.
7. The
contention of learned counsel for the NAB that the Honourable Supreme Court in
the case of Rai Mohammad Khan reported in 2017 SCMR 1152 has not approved this proposition has been
rebutted by learned counsel for the petitioners by placing reliance on two
unreported judgments of Honourable Supreme Court passed viz (1) C.P.No. 2300 of
2018 & (2) C.P.No.1175 of 2020. In Civil Petition No.1175-K/2020 and the relevant portion of the order dated
26.11.2020 is reproduced as under:-
“We have
observed that bulk of accused nominated
in the reference are enlarged on bail either due to acceptance of plea bargain
or had deposited their incurred liability with the trial court. Otherwise we
have been informed that as per order of Accountability Court, Sukkur dated
27.07.2020 a letter bearing No.ABL/JCD/2(20) dated 27.07.2020 from Allied Bank Limited
Jacobabad Branch was received to the
trial court wherein it is submitted that DD bearing No.BBB1351295 dated
20.07.2020 amounting to Rs.34,72,100/- is genuine and the entry of the same has
been made in the register in the name of trial court. It is noticed that the pre-arrest bail of co-accused Mujeeb-ur-Rehman has been confirmed on deposit of pay-order in civil petition
No.277-K/2020 by this Court vide order dated 15.07.2020. The petitioner has
already deposited his individual liability of Rs.34,72,100/- before the learned
trial court and leave this case has already been granted on 07.08.2020 at
Karachi Branch Registry of this Court, hence, in the interest of safe
administration of criminal justice, the petitioner be released on bail subject
to his furnishing bail bond in the sum of Rs.5,00,000/= with two sureties each
in the like amount to the satisfaction of the learned trail court”.
8.
Similar view was taken by Honourable Supreme Court in
judgment in the case of Mumtaz Ali v The State through Chairman NAB in
C.P.No.1149-K of 2018. This judgement is reproduced below:-
“Mr.Muhammad Ashraf Kazi Senior
Advocate Supreme Court, submits that the petitioner is ready and willing to
deposit with the trial Court the entire amount of his liability so far determined
by the prosecution.
Syed
Amjad Ali Shah learned DPG NAB present in Court waives the notice and submits
that in view of the case of Shamraiz Khan v The State (2000 SCMR 157) he would
have no objection for the grant of a bail to the petitioner subject to his
depositing the entire amount of his liability in this case being Rs.61,79,238/-
(Rupees Sixty One Lac, Seventy Nine Thousand, Two Hundred and Thirty
Eight) with the Additional Registrar of this Court at
Brach Registry Karachi.
In
these circumstances, this petition is converted into an appeal and allowed, the
petitioner is admitted to bail subject to his depositing with the Additional
Registrar of this Court the above amount”.
9. These
judgments are subsequent in time and passed by three members bench of
Honourable Supreme Court whereas the reliance placed by learned counsel for NAB
on the case reported in 2017 SCMR 1152 was earlier in time and the judgment is
delivered by two member bench.
10. In view of above, the interim pre-arrest
bail already granted to petitionersAijaz Ahmed Magsi,Latif Dino,
NazeeruddinQazi, Imtiaz Ali, Ghulam Qasim, Saeed Ahmed Pechuho, Maqbool Ahmed,
Riaz Ahmed, Junaid Ahmed, Abdul NaeemSoomro, Aziz-ur-Rehman,Shahid Hussain
Suhag, Muhammad Abidand QaziKhair Muhammad is hereby confirmed subject to
deposit the amount ofRs.12,32,143/-,
Rs.12,32,143/-, Rs.5,88,241/-
Rs.31,09,804/-, Rs.24,81,909/-, Rs.59,94,000/-Rs.1,99,94,670/-,
Rs.59,94,000/-, Rs.77,76,692/-, Rs.3,49,97,505/- Rs.97,69,578/-, Rs.9,85,427/-,
Rs.97,69,578/- and Rs.91,00,424/- through pay orders equivalent to their
respective individual liabilities as mentioned in the statement within a period
of 15 days and P.R Bonds in the like amount
to the satisfaction of learned trial Court. Failure whereof, the interim
pre-arrest bail granted to the aforementioned petitioners shall stand recalled
on expiry of 15 days from today and the petitioners will be taken into custody
and remanded to jail till deposit of the above amounts.
11. The observations made hereinabove are
tentative in nature and will not influence the learned trial Court while
deciding the reference on merits.
12. The aforementioned petitions are disposed of
in above terms.
JUDGE
JUDGE
Akber.
Rs.12,32,143/-,Rs.12,32,143/-, Rs.5,88,241/- Rs.31,09,804/-Rs.24,81,909/-, Rs.59,94,000/-, (Rs.1,99,94,670/-, Rs.59,94,000/-,Rs.77,76,692/-, Rs.3,49,97,505/-Rs.97,69,578/-,Rs.9,85,427/-, Rs.97,69,578/- andRs.91,00,424-