ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.P.
No.D-1022 of 2013
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Date Order with signature(s) of Judge(s)
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1)
For Katcha Peshi
2)
For orders on Misc. No.10848/2013
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31.05.2013
Mr.
Sohail Muzzafar, Advocate for
Petitioner.
Mr.
Noor Muhammad Dayo, ADPG, NAB.
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Through instant petition, petitioner Shahnawaz alias Shani seeks bail
in Reference No.11/2012 filed before the learned Administrative Judge,
Accountability Court Sindh at Karachi under section 18(g) read with section
24(b) of the National Accountability Ordinance, 1999.
Brief facts of the petition are that
the petitioner was working as clearing agent with the name and style of M/s. Athar Javed and Co. Reports were
published in daily newspapers regarding Afghan Transit container scam as a
large number of the containers disappeared on the way and goods were unloaded
and consumed in Pakistan. Petitioner was directed to attend the NAB office where
it is alleged that his signatures were obtained on some papers and documents were
not read over to him, he was arrested. Thereafter, reference has been filed
against the petitioner.
Mr. Sohail Muzaffar, learned advocate for the petitioner contended
that petitioner was an employee of clearing agent and he had cleared only one
container. Petitioner is no more required for investigation, no incriminating
material has been collected against him to connect in the reference and
involvement of the petitioner in the case is yet to be determined on trial.
Mr. Dayo,
Prosecutor NAB very rightly and frequently stated that the petitioner is no
more required for investigation, however, he has opposed
the bail application on the ground that reference has been filed against the
petitioner in the Accountability Court, Karachi.
We are inclined to grant bail to the
petitioner/accused for the reasons that petitioner was clearing agent, allegation
against the petitioner/accused Shahnawaz alias Shani is that he has misused the license of M/s. Athar Jawed and Co. and arranged bank guarantee, involvement
of the petitioner in the case is yet to be determined at the trial and further
that the petitioner is ready to deposit Rs.1,000,000/- (Rupees One Million)
with the Nazir of this Court and in case he is found guilty the alleged loss to
the exchequer can easily be adjusted otherwise the amount be returned to the
petitioner. Learned prosecutor NAB has submitted that petitioner is no more
required for investigation. In these circumstances, concession of bail cannot
be refused to the petitioner as punishment. Therefore, petitioner is admitted
to bail subject to deposit of Rs.1,000,000/- (Rupees One Million) with the
Nazir of this Court, which shall be invested to the ultimate benefit and P.R.
bond in the like amount to the satisfaction of the Nazir of this Court. The amount
would be subject to the final orders passed by the trial Court.
Petition is accordingly disposed of.
JUDGE
JUDGE
Gulsher/PA