ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No.D-2811 of 2009

Date Order with signature of Judge

For Katcha Peshi.

13^th January, 2010.

Mr. Amir Raza Naqvi, advocate for the petitioner.

Mr. Muhammad Riaz, Special Prosecutor, NAB.

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The petitioner has been implicated in NAB Reference No.15 of 2009 pending before the Administrative Judge, Accountability Court, Karachi Sindh. The allegations against the petitioner are contained in para 10 thereof, which is as follows:

“That the investigation report further reveals that during the year 2001-2002 Masood Ali (accused No.7) as Owner of City Hospital Malir Karachi claimed 508 medical bills amounting to Rs.24.246 million regarding medical treatment of Sui based SSGC employees and their dependents. Out of 508 medical bills, 106 medical bills were found fake during investigation. Despite repeated requests by the investigation officer, the accused did not produce any documents in his defence.”

Learned counsel for the petitioner contends that the matter regarding payment of outstanding medical bills is in dispute between the petitioner’s hospital and Sui Southern Gas Company Limited (SSGC) as both of them have filed civil suits for recovery against each other which are pending in this Court. Suit No.478/03 has been filed by SSGC while suit No.1189/04 has been filed by the petitioner’s hospital. Learned counsel states that in the very Reference the precise amount in respect of which the petitioner has been charged therein has not been mentioned rather cumulative figure of Rs.14.908 million is mentioned in para 16 of the Reference against all the accused persons which are 11 in number. Learned counsel states that the matter is in dispute before the Civil Court yet again the Reference is vague to the extent that no specific amount of misappropriation is alleged against the petitioner.

The Special Prosecutor General, NAB, does not dispute the facts stated by the counsel for the petitioner rather goes on to state that as there are civil suits between the SSGC and the petitioner pending before this Court and he has no objection to the confirmation of bail in terms of the interim pre-arrest bail granted to the petitioner.

We have considered the matter and apparently from the record it seems that the position taken by the petitioner’s counsel is correct. Though it is mentioned in the Reference Application that out of 508 medical bills 106 medical bills were found fake but the precise amount of said fake bills is not mentioned in the Reference application nor the Special Prosecutor NAB is able to give any precise figure to the Court. The matter mostly relates to documentary evidence which apparently seems to have been collected during investigation and the suits for recovery having been filed both by SSGC and the petitioner’s hospital against each other, there appears to be a reasonable ground to make the case of petitioner that of a further enquiry. Further the Special Prosecutor, NAB has also given consent for confirmation of interim pre-arrest bail granted to the petitioner.

We, therefore, confirm the pre-arrest bail granted to the petitioner vide order dated 31.12.2009 on the terms as stated in the said order.

Learned counsel for the petitioner states that since the petition has served its purpose it may be disposed of. Accordingly, the petition is disposed off in the above terms.

J U D G E

Aamir/PS