IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
BEFORE:-
Mr. Justice Arshad Hussain Khan &
Mr. Justice Amjad Ali Sahito
Criminal Accountability Appeal No. D-39 of 2022
Appellant: Samiullah son of Asadullah
bycaste
Kalhoro (Presently
confined in Central Prison, Sukkur) through Mr. Sikandar Ali Junejo, Advocate.
The
State: Mr. Mujeeb-ur-Rehman
Soomro, Special Prosecutor NAB, Sukkur.
Dates
of hearing: 29.04.2022
Date
of decision: 29.04.2022
J U D G M E N T.
Amjad Ali
Sahito, J. By
this judgment, we intend to dispose of the above captioned Crl. Accountability Appeal
filed by the appellant Samiullah Kalhoro against the Judgment dated 08.03.2022 whereby he along with
co-accused have been convicted and sentenced by the Accountability Court, Sukkur
in Reference No. 10/2017 “Re. The State Vs. Abdul Shakoor and others as under:-
“Accused
Samiullah was convicted under section
265-H(2) Cr.P,.C read with section 10-A of NAO, 1999 and sentenced to suffer R.I for five years
and pay fine of Rs. 50,911/- in terms of Section 11 of NAO, 1999. In case he
fails to pay fine, it shall be recoverable as arrears of Land Revenue in terms
of Section 33-E of NAO,1999. However, he shall be entitled to the benefit of
Section 382-B Cr.P.C. He was also disqualified in terms of Section 50 of
Ordinance, 1999 for a period of 10 years to be recounted from the date of
release after serving out sentence awarded to him and also from seeking or from
being elected, chosen, appointed or nominated as a member of respensetaive of
any public body or any statutory or
local authority or in service of Pakistan or any province and also he shall not
be allowed to obtain any financial facility in the form of loan or advances
from any financial institutions controlled by Government for a period of 10
years.
2. Learned counsel for the appellant submits
that he has filed CMA and the required liability amount has been deposited by
the appellant through plea bargain application, as such he prayed that the
appeal may be decided in accordance with law.
3. On the other hand
learned SPP NAB submits that plea bargain application filed by the appellant
has been accepted by D.G NAB Sukkur, as such he has raised no objection for
decision of the application in accordance with law.
4. The allegation against appellant Samiullah
was that he being Government Contractor in TMA New Sukkur got work order of 1 scheme
of construction of Surface Drain and CTT Topping and executed work was found
substandard/deteriorated at the site, as per expert report which caused loss to
Govt. Exchequer and gains acquired. Appellant Samiullah in collusion and in
connivance with other accused persons found involved in misappropriation of
government funds and acquired gains to the tune of Rs. 10,822/- his individual liability
and gains are Rs. 50,911/-.
5.
During the pendency of this appeal,
he filed Application u/s 25 (b) of NAO, 1999 for plea bargaining before the
Chairman NAB and the liability amount viz. Rs. 50,911/- was determined and the
same was paid to the NAB authorities through Pay Order dated 22.03.2022. The
Director-General NAB in the exercise of powers vested to him has accepted the
offer as the convict/appellant Samiullah deposited the full payment amount of
Rs. 50,911/-.
6. Resultantly, the
accused/appellant namely Samiullah deemed to have been convicted u/s 25 (b) of
NAO, 1999 read with 15 (a) of said Ordinance. The appellant shall seize to hold
public office, if any, held by him u/s 15 (a) of the NAO, 1999, and shall be
disqualified for a period of ten years, which will be reckoned from the date his
release after serving the sentence, for seeking or from being elected, chose,
appointed or nominated as a member of representative or any public body of any
statutory or local authority or in service of Pakistan of any Province.
Appellant is in custody. Office is directed to issue release writ for the
release of above-named appellant with further directions to concerned Jail Superintendent
to release the appellant forthwith, if he is no more required in any other
case/crime.
Judge
Judge
IrfanP.A