ORDER SHEET
IN THE HIGH COURT OF SINDH, AT KARACHI.
Criminal Bail Application No. 36 of 2014
Date Order with Signature of Judge .
1. For order on office objection and reply of advocate at flag “A”.
2. For hearing of bail application.
---------------
21.02.2017.
Mr. Ghulam Shabbir Babbar, Advocate for applicant.
Ms. Seema Zaidi, APG.
---------------
Through instant criminal bail application, the applicant/accused Roshan s/o. Ahmed Khan Langah has sought pre-arrest bail in Crime No. Go.1 of 2014, registered at PS ACE Dadu, under Section 467/468/471/409/34 P.P.C. read with Section 5(2) of Act-II of 1947. He was granted interim pre-arrest bail by this Court vide order dated 10.01.2014, now he seeks confirmation of his bail.
2. Briefly stated the facts of the case as narrated in the aforesaid F.I.R. are that from the site inspection of construction of road from Taj Muhammad Doltani to village Lalhar Leghari mile 0/7-1/4, ACE Sindh detected misappropriation of an amount of Rs.43,27,291-00, which was paid to the contractor Abdul Rasheed Abbasi & Co., after preparing and recording fake and fictitious Measurement Book and Bills etc. in connection with Work Order No. 1207 dated 01.04.2013. It is the case of the prosecution that the said fake M.B was recorded and fictitious bills were prepared by applicant/accused, being Incharge AEN, which were passed and Work Order was issued by the co-accused Muhammad Muneer Abbasi, XEN and later on the amount was paid to the contractor.
3. The learned counsel for the applicant/accused has submitted that the applicant is innocent and he has committed no offence; that on the enquiry initially conducted by the Chairman, Enquiries and Anti-Corruption Establishment vide letter dated 26.03.2014 the case was directed to be disposed of under “cancelled-class” as no offence was made out against the accused in investigation; however, the learned trial Court declined the report of I.O. under Section 173 Cr.P.C. and took the cognizance against the accused; that co-accused Muhammad Muneer Abbasi has already been granted bail by this Court in criminal bail application No. 124 of 2014, vide order dated 10.03.2014 and the role assigned to the present accused is on same footings; hence he is also entitled for the concession of bail on the principle of rule of consistency.
4. On the other hand, learned APG has opposed this application on the ground that the accused is involved in a case of misappropriation of huge amount and as per investigation he has recorded false and fictitious measurement and prepared bills for the payment of contractor. However, the learned APG has admitted that co-accused Muhammad Muneer Abbasi has been granted bail by this Court and the case of present accused is on same footings.
5. I have given due consideration to the arguments advanced by learned counsel for the applicant/accused and learned APG as well as perused the material available on record.
6. It appears that after the grant of ad-interim bail, the applicant/accused is continuously attending the trial Court and there is no complainant of misusing the same. It also appears that after the investigation report under Section 173 Cr.P.C. was submitted for disposal of the case under cancelled class but the trial Court disagreeing to the said report has taken the cognizance against the accused. It is also an admitted fact that co-accused Muhammad Muneer Abbasi, who is facing almost same charge, has been admitted to bail by this Court; hence, on the principle of rule of consistency the present accused is also entitled for the concession of bail. Accordingly, the interim pre-arrest bail granted to the accused vide order dated 10.01.2014, is confirmed on the same terms and conditions. However, in case the accused misuses the concession of bail, the trial Court shall be at liberty to cancel the same after giving him notice, in accordance with law.
JUDGE
Athar Zai