ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl.
Bail Application No. D-27 of 2022
Before;
Mr.
Justice Zafar Ahmed Rajput
Mr. Justice Irshad
Ali Shah
1.
For Orders on office objection.
2.
For Hearing of Pre-arrest Bail Application
31-01-2023.
Mr.
Aamir Ali Bhutto advocates for the applicant.
M/s Mujeeb-ur-Rehman Soomro and Bahawaluddin Shaikh, Special Prosecutors NAB.
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1. The
facts in brief necessary for disposal of instant pre-arrest Bail Application
are that the applicant being contractor with rest of the culprits in
furtherance of their common intention without observing codal
formalities caused loss to public exchequer to the tune of Rs. 543,101,902/-
for the work, which was neither awarded nor was executed by him by TMA Garhi Yaseen. On being booked for
such allegation by way of filing such Reference by NAB authorities, the
applicant sought for his release on bail by preferring a petition (Constitution
Petition No.D-1349/2018), it was
dismissed by this Court vide order dated 16-04-2019. It was impugned by the
applicant by filing such petition (Civil Petition No.374-K/2019), it was
dismissed by Hon’ble Supreme Court of Pakistan vide
order dated 06-08-2019. Subsequently another petition (Constitution Petition No.D-575/2020)
was filed by the applicant for his release on bail, it with certain similar
petitions was allowed by this Court vide order dated 10-03-2021, whereby he was
directed to be released on bail subject to deposit of the liability amount,
such order on being impugned by NAB authorities was set aside by Hon’ble Supreme Court of Pakistan vide order dated
14-01-2021 with direction that the same to be passed afresh by this Court. Perhaps
on amendment so made in NAB law, the applicant by seeking protective bail from
this Court approached learned NAB Court at Sukkur for grant of pre-arrest bail
by filing such application, it was dismissed by learned NAB Court, Sukkur vide order dated 03-03-2022. It is in these
circumstances, the applicant has sought for pre-arrest bail from this Court by
way of instant Crl. Bail Application.
2. It
is contended by learned counsel for the applicant that the applicant being
innocent has been involved in this case falsely by the NAB authorities and he
has already suffered a lot by remaining in jail as such he is entitled to be
admitted to pre-arrest bail, which is opposed by learned Special Prosecutor NAB
by contending that the applicant has already been denied post arrest bail on
merits by Hon’ble Supreme Court of Pakistan.
3. Heard arguments and perused the record.
4. The allegation against the applicant is
that he with rest of the culprits drawn the public money against the work which
was neither awarded nor was done by him. Admittedly, he has been refused bail
on merits by this Court and such refusal was maintained even by Hon’ble Supreme Court of Pakistan. Subsequently he sought
for his release on bail by depositing the liability amount, which was not
approved by Hon’ble Supreme Court of Pakistan. No finding contrary to what,
which has already been arrived at by Hon’ble Supreme
Court of Pakistan could be arrived at by this Court; consequently, the instant Crl. Bail Application being devoid of legal force is dismissed
accordingly.
5. Needless to say that the order whereby
the applicant was admitted to pre-arrest bail, is recalled and vacated with
direction to the applicant who is absent today (through his counsel) to
surrender before learned trial Court for further proceedings of his case in
accordance with law.
Judge
Judge
Nasim/P.A