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

Nasim/P.A