IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No.D-3790 of 2015

Constitution Petition No.D-5040 of 2015

Constitution Petition No.D-5805 of 2015

Constitution Petition No.D-5862 of 2015

Constitution Petition No.D-5930 of 2015

Constitution Petition No.D-5931 of 2015

Constitution Petition No.D-5932 of 2015

Constitution Petition No.D-5933 of 2015

Constitution Petition No.D-5934 of 2015

Constitution Petition No.D-5935 of 2015

Constitution Petition No.D-5954 of 2015

Constitution Petition No.D-5969 of 2015

Constitution Petition No.D-6880 of 2015

Constitution Petition No.D-6881 of 2015

Constitution Petition No.D-6185 of 2015

Constitution Petition No.D-6186 of 2015

Constitution Petition No.D-6187 of 2015

Constitution Petition No.D-7290 of 2015

Mr. Justice Naimatullah Phulpoto

Mr. Justice Abdul Maalik, Gaddi

O R D E R

Date of hearing : 10.12.2015

Date of Announcement: 18.12.2015

-------------------------------------------

M/s. Arshad Hussain Lodhi and Tajammul Hussain Lodhi, advocate for petitioner in C.P. NoD-3790/2015

Mr. Kumail Ahmed Shirazi, Adv. for petitioner in C.P. No.D-5040/2015

Mr. A. Khursheed Khan, advocate for petitioner in C.P. No.D-5805/2015

Mr. Muhammad Ashraf Kazi and Mr. Irshad Jatoi, advocates for petitioner in C.P. No.D-5862/2015

Mr. Mukesh Kumar Khatri, advocate for petitioners in C.Ps. Nos.5930, 5931, 5932, 5933, 5934, 5935 and 7290/2015

Mr. Muhammad Akbar Khan, Adv. for petitioner in C.P. No.D-5954/2015

Mr. Shoukat Hayyat, advocate for petitioner in C.P. No.D-5969/2015

Mr. Khaleed Ahmed, Adv.for petitioner in C.Ps. Nos.D-6880 & 6881/2015

Mr. Mushtaq Ahmed Awan, advocate for petitioner in C.Ps. Nos.D-6185, 6186 and 6187/2015

Mr. Noor Muhammad Dayo, Special Prosecutor NAB a/w Investigation Officer Sabeeh Raffay of NAB

Petitioners/accused Tahir Jamil Durani, Ali Akbar Baloch, Muhammad Saad, Khursheed Ali, Hashmatullah, Syed Intizar Ali, Syed Ahmed Siraj, Muhammad Humayun, Asghar Ali, Talha Ali Mehboob and Muhammad Ibad Ali are present on interim pre-arrest bail.

--------------------------------------------------

NAIMATULLAH PHULPOTO, J.--- By this single order we intend to dispose of aforesaid constitution petitions. Petitioners seek bail in Reference No.27/2015 filed by the National Accountability Bureau under the provisions of the National Accountability Ordinance, 1999. Reference reads as under:-

“1. That on receipt of complaint against officers/officials of Lines Area Redevelopment Project (LARP) regarding corruption and corrupt practices in illegal bifurcation of large commercial auction plots into small plots, then amalgamated the same and leased it out to private parties at the rate of Rs.200/- per square yard instead of being auctioned at a reserve rate of Rs.50,000/- per square yard. The allegations were substantiated in inquiry which was converted into investigation and authorized vide letter No.231055-Khi/2/IW-2/CO-A/T-1/NAB(K)/2015 dated 29^th July, 2015 by the Director General, National Accountability Bureau, Karachi.

2. That the investigation reveals that Fareed Ahmed Yousfani, ex-Project Director, LARP (accused No.1) was involved in forging and fabricating a minute sheet through forged/false signatures of Roshan Sheikh, the then DCO Karachi to seek changes in approved planning in respect of large auction plots, which were earmarked to be auctioned through a minimum reserve price of Rs.50,000/- per square yard. This was done to illegally allot these plots in the shape of 32 square yards plots in Sector 1 Lines Area. The purported minute sheet never existed in the record. In addition to this, the accused No.1 signed allotment orders in the shape of 32 square yards plots which were carved out from large reserved auction plots.

3. That the investigation further reveals that the competent forum for any change in original land planning was the Executive Board formed through Martial Law Order No.203 dated 03.05.1983. However, since then various boards have been notified and the latest notification was issued in the year 2005 notifying a steering committee, details of which are part of the investigation report. The steering committee/competent forum has never approved carving out of small plots of 32 square yards from large auction plots in approved Master Plan which was reserved for auction.

4. That the investigation reveals that Tahir Jameel Durrani, ex-Project Director LARP (accused No.2) was involved in illegal bifurcation of 32 square yards plots for Plot No.C-2/9, measuring 1333 square yards and illegally allotted 40 plots of 32 square yards each to fictitious allottees in the garb of hardship cases through forged/maneuvered note sheet containing fake/fictitious signatures of the then DCO/Administrator KMC in Sector-1, Lines Area which was never in existence.

5. That the investigation reveals that Sindh Disposal of Urban Land Ordinance, 2002, specifies that, “……..no plot or flat shall be disposed off except by open public auction at a price not less than the market price”. The area designated as C2 admeasuring 7,264 square yards in the approved Master Plan of LARP was allotted at throwaway price of Rs.200/- per square yard in the shape of 32 square yards plots instead of open auction at the minimum reserve price of Rs.50,000/- per square yard against the rules to numerous beneficiary accused persons and resultantly caused a huge loss of Rs.363,200,000/- to the government exchequer as per following details:

S.#	Plots Sector No.1	Name of Allottees/ Transferees	No. of Plots	Area in Sq. Yds	Loss to Exchequer @ Rs.50,000/- per sq. yds	Address
1	LBC 430 & 431	Muhammad Rafiq S/o Muhammad Ramzan	2	64	3,200,000	House # R-40-41, Sec. 2-A Lines Area
2	LBC 428	Nasreen Jahan w/o Samiur Rehman	1	32	1,600,000	House # 7/5/h, Block-1 Jacob Lines
3	LBC 429	Ateeur Rehman s/o Samiur Rehman	1	32	1,600,000	House # 7/5/h, Block-1 Jacob Lines
4	LBC 432, 433, 434	Asghar Ali S/o Noor Muhammad	3	96	4,800,000	House # LBC 35, Nizami Road, Lines Area
5	LBC 435	Muhammad Mustaqim S/o Ghulam Muhammad	1	32	1,600,000	House No.455/h Behind Jacob Lines
6	LBC 437	Tahir Ali s/o Muhammad Amin Khan	1	32	1,600,000	House # 483/6 Compound # 1, PAF Base Faisal
7	LBC 425, 438, 440	Mst. Akbari w/o Ghulam Saeed	3	96	4,800,000	House # 3/3 AM, Jacob Lines
8.	LBC 442 & 443	Kashif s/o Jumarat Ali	2	64	3,200,000	House # 480 Khudad Colony, Lines Area
9.	LBC 444-449	Muhammad Latif Khan s/o Jumarat Ali	6	192	9,600,000	House # 592, behind Jacob Lines
10.	LBC 450-485	Aamir Ameen Tharra s/o M. Azeem Thara	36	1152	57,600,000	House # A-186, Block-C, Gulshan-e-Iqbal
11.	LBC-491	Akhtari Begum w/o Muhammad Ahmed	1	32	1,600,000	Shop Hut Near Nizan Road
12.	LBC-490	Nayab s/o Anwar	1	32	1,600,000	Shop Hut near Avice Line, Main Market
13.	LBC 489	Bashir s/o Abdul Shakoor	1	32	1,600,000	Shop Hut, near Avice Line
14.	LBC-486	Rana Zulfiqar s/o Rana Muhammad Ilyas	1	32	1,600,000	Chak Thatari Rajan Pur
15.	MC-2/1 Sector 1 (LBC-532-547)	Tufail Khan s/o Anwar Khan	16	512	25,600,000	House # 10/14-A Ba Piri, Allama Iqbal Colony
16.	C-2/3/1 (LBC-496-531)	Muhammad Ashraf s/o Abdul Ghani	36	1152	57,600,000	Flat 140/F, Street # Askari-4, Rashid Minhas Road
17.	MC-6/2 (LBC 548-550, 567, 569)	Tufail Khan s/o Anwar Khan	6	192	9,600,000	House # 10/14-A Ba Piri, Allama Iqbal Colony
18.	MC-6/1 (LBC-551-566)	Muhammad Shamim s/o Ramzani	16	512	25,600,000	House H-7, St. Area 4/B, Landhi 5-1
19.	C-2/3/2 (Plot LBC 644-665	Muhammad Imran s/o Abdul Kareem and Zeeshan S/o Altaf	22	704	35,200,000	Plot # A-440, Block-9, Shanti Nagar Block-1, Gulshan-e-Iqbal
20	LBC 610-619	Hashmatullah S/o Azmatullah	10	320	16,000,000	Flat No.1/5, NC Complex Jacob Lines
21	LBC 570-584, 595-597, 599-609	Nadeem Ayuub S/o Muhammad Ayuub	29	928	46,400,000	House No.1, Block-14, Saddar Police Lines
22	LBC 630-643	Muhammad Jalaluddin Faridi s/o Abdul Mateen Faridi	14	448	22,400,000	House 2/4 St-Sector A Shadman Town
23.	LBC 585-586	Ali Akbar Baloch S/O Ali Muzaffar Khan Baloch	2	64	3,200,000	House # 140, Defence Phase-II Malir Cantt.
24.	LBC-587 and 592	Muhammad Ibad Ali Khan s/o Sohail Muhammad Khan	2	64	3,200,000	House # R-69/B, Jacob Lines, Jamshed Town
25.	LBC 588-591	Muhammad Saad Jawad s/o Jawad Muhammad Ali Khan	4	128	6,400,000	House # R-69/B, Jacob Lines, Jamshed Town
26.	LBC-417-420	Intezar Ali S/o Syed Siraj Ali	4	128	6,400,000	House # R-424, Jacob Lines, Jamshed Town
27.	LBC-421	Syed Talha Ali Mahmood s/o Mahmood Ali Chishti	1	32	1,600,000	House # H/48, Rafffa-e-Aam Society, Malir, Karachi
28.	LBC-422	Khursheed Ali s/o Abdul Majeed	1	32	1,600,000	House No.M/20, Moula Ram Compound Malir City
29.	LBC-423	Nusrat Ali son of Ashraf Ali	1	32	1,600,000	House # R-920, Sector Lines Area, Jacob Lines
30.	LBC-424	Mehtab Ali s/o Ashraf Ali	1	32	1,600,000	House # R-920, Sector Lines Area, Jacob Lines
31.	LBC-426	Syed Ahmed Ali Siraj s/o Syed Siraj Ali	1	32	1,600,000	House No.424, Central Jacob Lines
32.	LBC-427	Muhammad Humayun S/o Muhammad Ahmed	1	32	1,600,000	House No.66/7, Malir Taosi Colony, Khokhrapar
		Total:-	227	7264	363,200,000

6. That the investigation reveals that non-utilization fee was not recovered against plot No.MC-06, till to-date. Resultantly, causing a loss of Rs.36,038,196/- to the government exchequer.

7. That the investigation reveals that Farid Naseem, Deputy Director Engineering, LARP (accused No.3) has carried out bifurcations of large auction plots fraudulently on forged papers without due approval of the competent authority.

8. That the investigation reveals that Atta Abbas, Additional Director Coordination and Shifting LARP (accused No.4), has been involved in processing of mutation in illegal allotments of 32 square yard commercial plots carved out from large auction plots.

9. That the investigation also reveals that Rashid Hussain Rizvi, Deputy Director Planning LARP (accused No.5) has carried out various planning activities for 32 square yards plots and approved site plans for all the plots that were fraudulently carved out of large auction plots.

10. That the investigation further reveals that Waseem Iqbal, Deputy Director Lease, LARP (accused No.6) has processed all the leased files. He had the responsibility to check approved planning before allowing leases of these allotments of 32 square yards commercial plots in departure to approved master plan. All the allotments of 32 square yards plots carved out from the proposed large auction plots in the approved master plan and their leases have been cancelled, as mentioned in the report submitted by the incumbent Project Director LARP and consequently eviction notices have been dispatched to the beneficiaries accused persons and new committee has been constituted to revise the minimum auction price as per market value.

11. That the investigation further reveals that Shahid Umar, Additional Director Finance, LARP (accused No.7), has been involved in all financial dealings pertaining to rate calculations and issuance of challans in respect of 32 square yards commercial plots that were illegally carved out of large auction plots. He has signed all the note sheets in allotment files and also the challan forms for various plots.

12. That the accused persons 1 to 7 in collusion with accused beneficiaries/allottees have committed misuse of authority by maneuvering the entire fraud through fake and forged minute sheets to allot land measuring 7,264 square yards reserved for auction at a minimum reserve price of Rs.50,000/- per square yard. Further allotting the same through small commercial plots of 32 square yards at a nominal rate of Rs.200/- per square yard, thus causing colossal loss of Rs.363,200,000/- to the government exchequer. An additional loss of Rs.36,038,196/- was caused to national kitty on account of non-recovery of non-utilization fee against Plot # MC-06. Thus a total loss of Rs.399.238 Million has been caused to the government exchequer.

13. That on appraisal of material and evidence placed before me, I am of the opinion that it is just and appropriate to proceed further against the accused persons as there is sufficient evidence available on record to justify the filing of reference. Hence, the case is referred to the learned Administrative Judge, Accountability Courts, within the meaning of Section 16(c) of the National Accountability Ordinance, 1999.

It is, respectfully prayed that the above named accused be tried and punished in accordance with law. Investigation report, statement of Witnesses and documents as per list are attached herewith.

Sd/-

Karachi, dated Lt. Col (R) Sirajul Naeem

12^th September, 2015 Director General NAB Karachi”

2. Mr. Muhammad Ashraf Kazi submits that petitioner/accused Fareed Ahmed Yousufani was not posted on 29.10.2011 as Project Director, LARP, as such, he has not forged the minutes of the meetings. It is further argued that Roshan Shaikh, the then DCO Karachi in his 161, Cr.PC statement has not implicated Fareed Ahmed Yousufani. Lastly he contended that IO had not obtained signatures of petitioner Fareed Ahmed Yousufani for expert opinion. In support of his contentions, he relied upon the cases reported as PLD 2003 SC 668 (ABDUL AZIZ KHAN NIAZI versus THE STATE through Chairman NAB); 2009 YLR 155 [Karachi] MUHAMMAD SHOAIB WASTI versus NATIONAL ACCOUNTABILITY BUREAU through Director General).

3. Mr. Shoukat Hayyat, learned advocate for petitioner/accused Atta Abbas Zaidi contented that petitioner Atta Abbas Zaidi was not posted on 29.10.2011 as Project Director, he had not participated in sub-division of the plots. It is further contended that all the leases of the plots have been cancelled. In support of his contentions, he relied upon:

(i) 2001 SCMR 1040 (Anwar Saifullah Khan versus The State & 3 others)

(ii) 2015 YLR 108 (Abdul Jabbar vs. The State through D.G. (NAB)

(iii) 2003 PCr.LJ 266 (Makhdoom Javed Hashmi vs. The State and 2 others)

4. Mr. Muhammad Ilyas Khan, learned counsel for petitioner/accused Shahid Umar refers to para 11 of the reference and submits that allegation against Shahid Umar are general in nature and Shahid Umar had acted as per Rules. He further contended that signatures of the accused were not sent to the expert for opinion.

5. Mr. Arshad Hussain Lodhi, learned advocate for petitioner/accused Fareed Naseem contended that accused Fareed Naseem was sub-engineer and he was not competent authority to carry out the process of bifurcation of the plots. It is further contended that the then DCO Roshan Shaikh has not implicated the accused in his 161, Cr.PC statement recorded during investigation.

6. Mr. Kumail Ahmed Shirazi, learned counsel for petitioner/accused Rashid Hussain Rizvi contended that no incriminating material/evidence has been collected against the accused and allegations are general in nature, no documents regarding planning activity allegedly conducted by petitioner Rashid Hussain Rizvi have been collected. He further contended that the Sindh Disposal of Urban Land Ordinance, 2002, has already been repealed.

7. Mr. Muhammad Ashraf Kazi, learned advocate for petitioner/accused Waseem Iqbal submits that petitioner/accused Waseem Iqbal had acted according to the Karachi Building & Town Planning Regulations, 2002, no incriminating material has been collected during investigation to connect him in the Reference.

8. Mr. Khaleeq Ahmed, advocate for petitioners/accused Kashif and Muhammad Latif Khan contended that these petitioners/accused are bona fide purchasers, possession was handed over to them, lease documents were prepared in their favour, thereafter, plots have been cancelled. It is contended that no loss has been caused to the Government Exchequer by the purchasers, on the other hand, beneficiaries have sustained the losses.

9. Mr. Fazal Rahim Yousufzai, learned counsel for petitioners/accused Hashmatullah, Syed Ahmed Ali, and Syed Intizar Ali submits that petitioners have been falsely implicated in the reference and no incriminating material has been collected to connect the petitioners with the alleged offence.

10. Learned counsel for petitioners/accused Muhammad Latif Khan and Asghar argued that they are bonafide purchasers of the plots and they have made payments through cheques but they have falsely been implicated in the subject reference and their plots have been cancelled.

11. Mr. Mukesh Kumar Khatri, learned counsel for petitioners/accused Ali Akbar Baloch, Muhammad Ibad Ali, Muhammad Saad Jawad, Syed Talha Mehbood, Khursheed Ali and Muhammad Ali, at Serial Nos.30, 31, 32, 34, 35 and 39 of reference, argued that these petitioners/accused are bona fide purchasers, they have been falsely implicated in the reference.

12. Mr. Noor Muhammad Dayo, Special Prosecutor NAB contended that petitioners/accused No.1 to 7 are directly involved in the commission of offence and Reference No.27 of 2015 is based upon documentary evidence, which connect petitioners/accused in the case. Mr. Dayo argued that other petitioners/accused are purchasers of plots on low rates. He has opposed the bail applications.

13. We have heard the learned counsel for the parties and have given anxious considerations to the submissions made before us.

14. It transpires from the statements of prosecution witnesses that petitioners/accused Fareed Ahmed Yousfani, Ex-Project Director , LARP was involved in forging and fabricating a minutes sheet through forged/false signatures of Roshan Sheikh, the then DCO, Karachi to seek changes in the approved planning in respect of large auction plots which were earmarked to be auctioned through a minimum reserved price of Rs.50,000/- per square yard. According to investigation officer this was done to illegally allot these plots in the shape of 32 square yard plots in Sector-1, Lines Area, Karachi. Learned Special Prosecutor NAB submits that the purported minutes sheet never existed in the record. It is also the allegation against accused Fareed Ahmed Yousfani that he had signed the allotment orders regarding the plots of 32 square yards. As regards to petitioner Tahir Jameel Durani, Ex-Project Director, LARP, according to record, was involved in illegal bifurcation of 32 square yards plots of Plot No.C-2/9, measuring 1333 square yards and illegally allotted 40 plots of 32 square yards each to fictitious allottees in the garb of hardship cases through forged note sheet, containing fake signatures of the then DCO/Administrator, KMC in Sector-1, Lines Area, Karachi. As regards to the role assigned to petitioner/accused No.3 Fareed Naseem, Deputy Director Engineering, LARP, is concerned, he had carried out bifurcations of large auction plots fraudulently on forged papers without due approval of the competent authority. The case against petitioner/accused No.4, Atta Abbas, Additional Director Coordination and Shifting LARP, is that investigation officer found him involved in processing of mutation in illegal allotments of 32 square yard commercial plots carved out from large auction plots. Petitioner Rashid Hussain Rizvi has been shown as accused No.5 in the reference was Deputy Director Planning LARP at the relevant time. He had carried out various planning activities for 32 square yards plots and approved site plans for all the plots those were fraudulently carved out of large auction plots. With regard to petitioner/accused No.6 Waseem Iqbal, Deputy Director Lease, LARP is concerned, he has been found by the investigating officer involved in processing all the lease files. As regards to petitioner Shahid Umar, Additional Director Finance, LARP, accused No.7 is concerned, he was found involved in all financial deals pertaining to rate calculations and issuance of challans in respect of 32 square yards commercial plots which were illegally carved out of large auction plots. As per investigation papers, he had signed all the note sheets in allotment files and also the challan forms for various plots. It is mentioned in Reference No.27/2015 that accused No.1 to 7 in collusion with beneficiaries/allottees have misused authority by maneuvering entire fraud through fake and forged minutes sheet to allot land measuring 7264 square yards reserved for auction at minimum reserved price of Rs.50,000/- per square yard. It is also alleged that allotting the same through small commercial plots of 32 square yards at a nominal rate of Rs.200/- per square yard, caused loss of Rs.363,200,000/- to the government exchequer and an additional loss of Rs.36,038,196/- caused on account of non-recovery of Non-utilization fee against Plot No.MC-06. Total loss of Rs.399.238 Million has been caused to the government exchequer.

15. The material collected by the NAB as is evident from the reference, prima facie, connects the petitioners/accused Nos.1 to 7 in reference with the commission of the offence, allegedly committed by the accused. Offence under the National Accountability Ordinance, 1999 is white collar crime where direct evidence is not usually available and the prosecution has to rely upon circumstantial and other ancillary pieces of evidence. Court while deciding the bail application in such type of cases has to keep in view the material collected by the prosecution and all such aspects of the case relating to the nature of the offence and the manner in which it has been committed. The statements of the prosecution witnesses, namely, Muhammad Hussain Syed, Roshan Shaikh, Abdul Latif, Afzal Aziz, Jafar Imam Siddiqui, Mehfoozun Nabi Khan, Syed Mansoor-ul-Haq, Syed Shahab Ahmed, and Saeed Ahmed, recorded during the investigation and report of the investigation officer, prima facie, connect petitioners/accused No.1 to 7 with the commission of the alleged offence. No mala fide on the part of the NAB has been attributed. Reliance is placed upon the cases State versus Haji Kabeer Khan (P L D 2005 Supreme Court 364) and Abid Saeed through son/Attorney versus Director General, National Accountability Bureau (Sindh) (2015 P Cr. L J 1732). Thus, petitioners/accused Fareed Ahmed Yousufani, Fareed Naseem, Atta Abbas Zaidi, Rashid Hussain Rizvi, Waseem Iqbal and Shahid Ummar are not entitled for concession of bail. Accused Tahir Jameel Durrani is also not entitled for bail. Therefore at this stage bail applications of petitioners/accused Nos.1 to 7 mentioned in the Reference, merit no consideration and the same are dismissed. Interim pre-arrest bail already granted to petitioner/accused Tahir Rahim Durrani is hereby recalled.

16. As regards to the case of petitioners/accused, who are purchasers is concerned, it is distinguishable from the case of above named accused persons. So far as the case of bona fide purchasers is concerned, rightly reliance has been placed by learned counsel for petitioners/accused appearing on behalf of purchasers on the case of ANJUM AQEEL KHAN and others versus NATIONAL POLICE FOUNDATION through M.D. and others (2015 S C M R 1348). Relevant portion is reproduced as under:-

“17. However, so far as the subsequent purchases/bona fide purchasers are concerned, it would be harsh if their plots are cancelled. Many of them have built houses. After a passage of more than 10 years, depriving them of the plots and the houses constructed thereon will be a grave miscarriage of justice. They have acted in good faith and they are lawful owners in possession of the plots and the market value of the property at present has reached a stage mainly on account of the development and construction by them. They have purchased the plots from the original allottees after having undergone a thorough process of due verification and paid the market price prevailing at that time. If the original allottees had not turned up or had not fulfilled their obligations, the bona fide purchasers cannot be attributed any mala fide. If at all, any amount is to be paid, that should be paid by the original allottees, who are established to have gained unlawfully or who are the beneficiaries of undue enrichment.”

17. Learned Special Prosecutor NAB submits that allotments of the plots to the beneficiaries/allottees have already been cancelled. Beneficiaries/allottees have also produced the documents to show that they had purchased the plots in open auction and they were not aware about the fraud, if any, committed by accused Nos.1 to 7 mentioned in the reference. The collusion of accused/purchasers with accused Nos.1 to 7 is yet to be determined/assessed by the trial Court. Therefore, prima facie, case for grant of bail to accused/purchasers, namely, Ali Akbar Baloch, Muhammad Saad, Khursheed Ali, Hashmatullah, Syed Intizar Ali, Syed Ahmed Ali Siraj, Muhammad Humayun, Asghar Ali, Talha Ali Mehboob and Muhammad Ibad Ali is made out. Petitioners/accused Ali Akbar Baloch, Muhammad Saad, Khursheed Ali, Hashmatullah, Syed Intizar Ali, Syed Ahmed Siraj, Muhammad Humayun, Asghar Ali and Talha Ali Mehboob are present on interim pre-arrest bail, except petitioner/accused Muhammad Ibad Ali, who has to appear in examination/paper in Sir Syed University of Engineering & Technology, Karachi, today (10.12.2015). Interim pre-arrest bail already granted to petitioners/accused Ali Akbar Baloch, Muhammad Saad, Khursheed Ali, Hashmatullah, Syed Intizar Ali, Syed Ahmed Siraj, Muhammad Humayun, Asghar Ali, Talha Ali Mehboob and Muhammad Ibad Ali is hereby confirmed on the same terms and conditions.

18. Petitioner/accused Muhammad Latif Khan and Kashif are pirma facie bonafide purchasers. Therefore, their case for grant of post arrest bail is made out for the above stated reasons. Resultantly, petitioners/accused Muhammad Latif Khan and Kashif are admitted to bail, subject to their furnishing solvent surety in the sum of Rs.300,000/- (Rupees Three Hundred Thousand) each and P.R. bond in the like amount to the satisfaction of the trial Court.

19. Before parting with this order, we may observe that concerned Accountability Court shall dispose of the reference pending against the petitioners/accused expeditiously, under intimation to this Court.

20. Needless to mention here that the above observations are tentative in nature and learned trial Court shall not be influenced while deciding the case of the petitioners/accused, on merits.

J U D G E

Gulsher/PS