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-40 of 2022

Appellant: Syed Muaffar Ali Shah son of Syed Mumtaz Ali Shah,

(Presently confined in Central Prison-I, Sukkur) through Mr. Ashoke Kumar K.Jamba, Advocate.

The State: M/s Mujeeb-ur-Rehman Soomro and Bahawaluddin Shaikh, Special Prosecutors 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 Syed Muzaffar Ali 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 Syed Muzaffar Ali Shah Bukhari son of Syed Mumtaz Ali Shah Bukhari was convicted under section 265-H(2) P.P,.C read with section 10-A of NAO, 1999 and sentenced to suffer R.I for Seven years and pay fine of Rs. 125,837/- 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 Syed Muzaffar Ali Shah Bukhari that he being Government Contractor in TMA New Sukkur got work order of 1 scheme of construction of metal road and executed work found partial at the site, as per expert report, which caused loss to the Govt. Exchequer and gains acquired. Accused Syed Muzaffar Ali Shah in collusion and connivance with accused Abdul Shakoor, Yar Muhammad, Fayz Ahmed, Zahoor Ahmed and Abdul Razaque found involved in misappropriation of Government Funds and acquired gains to the tune of Rs. 251,674/-. His individual liability and gains are Rs. 125,837/-.

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. 125,837/- 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. 125,837/-.

6. Resultantly, the accused/appellant namely Syed Muzaffrar Ali Shah 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

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 to issue directions to respondent No.2 to submit the report under section 25(b) of NAO,1999, on an early date without causing any delay and after receiving liability to the further incarceration will be amount to illegal confinement and against the fundamental rights of the accused.

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/-.

3. 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/-.

4. 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