ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl.
Bail Application No. D-80 of 2022
(Anees-ur-Rehman
Mahar Vs.
The State)
1. For Orders on
office objection.
2. For hearing of Post Arrest Bail Application.
22-02-2023.
Mr.
Nisar Ahmed Bhanbhro, advocate
for the applicant.
M/s Mujeeb-ur-Rehman Soomro and Bahawaluddin Shaikh, Special Prosecutors NAB.
Mr. Karim Bux
Janwari, Assistant Attorney General, Pakistan.
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1. It
is alleged that the applicant being Deputy Director Food Sukkur on account of
his failure to discharge his lawful duty to undertake periodical inspections of
storage centre, within his jurisdiction caused loss to the public exchequer to
the tune of Rs.
482,431,300/-, for that he was booked and reported by NAB authorities by filing
such Reference against him and others.
2. On having been refused bail by learned
Judge, Accountability Court, Sukkur, the applicant has sought for the same from
this Court by way of instant Bail Application u/s 9 (B) of National
Accountability Ordinance, 1999.
3. It
is contended by learned counsel for the applicant that the applicant being
innocent has been involved in this case falsely by NAB authorities, his role
was supervisory, which he discharged lawfully and he is in custody for more
than 03 years, as such besides merits he is entitled to be released on bail on
point of statutory delay in trial, which is opposed by learned Special
Prosecutor NAB and learned Assistant Attorney General, Pakistan by contending
that the trial is in progress; out of 13, they have been able to examine 09
witnesses, therefore no finding on merits of the case could be arrived at while
deciding a Bail Application; conclusion of trial is in sight in near future and
even otherwise the release of the applicant on bail on statutory ground was not
sought for before learned trial Court. In support of their contention, they
relied upon case of Muhammad Nawaz v The State (2002 SCMR 1381). In rebuttal, it is stated by learned counsel for the
applicant that the release of the applicant on bail on statutory ground was
pressed and was also discussed by learned trial Court in its order, whereby the
applicant was refused to be released on bail. Conversely, it is stated by
learned Special Prosecutor NAB and learned Assistant
Attorney General, Pakistan that there is line of demarcation for release of the
applicant on bail on point of hardship and statutory ground.
4 Heard and perused the record.
5. Admittedly, 09 out of 13 witnesses have
been examined by the prosecution, therefore it would be hard to form an opinion
on merits of the case; if such exercise is taken then it would prejudice the
case of either of the party at trial. The order whereby the applicant has been
refused bail by learned trial Court involves discussion on point of hardship; hardship
could hardly be equated with statutory delay in trial; consequently, the
impugned order, whereby the Bail Application of the applicant was dismissed is
set aside with direction to learned trial Court to pass the same afresh by
considering the statutory ground of delay in conclusion of trial for release of
the applicant on bail or otherwise, in accordance with law, after providing
chance of hearing to all the concerned within 15 days, after receipt of copy of
this Order.
6. The instant Crl.
Bail Application is disposed off accordingly.
Judge
Judge
Nasim/P.A