THE HIGH COURT OF SINDH BENCH AT SUKKUR

BEFORE:-

Mr. Justice Muhammad Iqbal Mahar &

Mr. Justice Amjad Ali Sahito.

Petitioner Number, the name of the petitioner and their counsel.

1. C.P No.D-5005 of 2016, Mehboob Ali Kobar, Abdul Malik Samejo, and Shuhban Samejo (Petitioners) Vs. Chairman NAB and others through Mr. Zulfiquar Ali Sangi and Mr. Dareshani Ali Hyder "Ada", advocates.

2. C.P No. D-384 of 2017, Asif Ali Samejo (Petitioner) Vs. Chairman NAB through Mr. Amanullah G.Malik, Advocate.

3. C.P No.D-21 of 2017, Muhammad Anwar @ Paryal Rahar and Ali Abid Golo (Petitioners) Vs. Chairman NAB and others through Mr. Amanullah G.Malik, advocate.

4. C.P No. D-29 of 2017 Abdul Ghaffar Samejo, Muhammad Azeem Bhayo, Muhammad Jeela Samejo, Abdul Jabbar Samejo, and Wazeer Samejo (Petitioners) Vs. Chairman NAB and others through Mr. Zulfiquar Ali Sangi, advocate.

5. C.P No. D-50 of 2017, Muhammad Shahban Panhiyar (Petitioner) Vs. Chairman NAB and others through Aijaz Ahmed Naich, advocate.

6. C.P No. D-51 of 2017, Kambeer Ahmed and Muhammad Ramzan, both by caste Golo (Petitioners) Vs. Chairman NAB and others through Mr. Imdad Ali Mali, advocate.

7. C.P No.D-28 of 2017, Barkat Ali Rind (Petitioner) Vs. Chairman NAB and others through Mr. Imdad Ali Malik, advocate.

8. C.P No.D-65 of 2017, Muhammad Qasim Panhiyar (Petitioner) Vs. Chairman NAB and others through Mr. Ghulam Shabbir Dayo, advocate.

9. C.P No.D-69 of 2017, Jameel Ahmed Soomro (Petitioner) Vs. Federation of Pakistan through Chairman NAB and others, through Mr. Mushtaq Ahmed Abbasi, advocate.

10. C.P No.D-91 of 2017, Shahban Samejo (Petitioner) Vs. Chairman NAB and others through Zulfiqar Ali Sangi, advocate.

11. C.P No. D-175 of 2017, Rasheed Ahmed Soomro, (Petitioner) Vs. Chairman NAB and another through Mr. Shabbir Ali Bozdar, advocate.

12. C.P No. D-224 of 2017, Muhammad Ramzan Rajri and Tahir Ali Rajri (Petitioners) Vs. Chairman NAB and others through Mr. Ghulam Shabbir Dayo, advocate.

13. C.P No.D-459 of 2017, Mour Ali Samejo (Petitioner) Vs. Chairman NAB and others through Mr. Shakeel Ahmed Kalwar, advocate.

14. C.P No.D-924 of 2017, Jalaluddin Golo, (Petitioner) Vs. Chairman NAB and others through Mr. Khalid Sattar advocate.

15. C.P No.D-2587 of 2016, Abdul Fathah Samejo, Muhammad Azam Samejo, and Shaman Khan Samejo (Petitioners) Vs. Chairman NAB and others through Mr. Zulfiquar Ali Sangi, advocate.

16. C.P No.D-1505 of 2017, Abdul Fatah Samejo, Muhammad Azam Samejo, Mehboob Ali Kobar, Abdul Ghaffar Samejo, Qurban Ali Samejo, Ghulam Hussain Mahar and Sher Afgan Samejo (Petitioners) Vs. Chairman NAB and others through Mr. Zulfiquar Ali Sangi.

17. C.P No. D-1330 of 2017, Saeed Ahmed Golo (Petitioner) Vs. Chairman NAB and others through, Mr. Imdad Ali Malik, advocate.

18. C.P No.D-1231 of 2017, Abdul Hafeez Golo, (Petitioner) Vs. Chairman NAB and others through Mr. Imdad Ali Malik, advocate.

19. C.P No.D-2102 of 2017, Muhammad Qasim Panhiyar, (Petitioner) Vs. Chairman NAB and others through Mr. Wasim Ahmed Sundarani.

20. C.P No.D-2083 of 2017, Gul Muhammad Golo (Petitioner) Vs. Chairman NAB and others through Mr. Amanullah G. Malik advocate.

21. C.P No.D-2091 of 2017, Mehboob Ali Samejo and Khan Muhammad Samejo, (Petitioners) Vs. Chairman NAB and others through Mr. Shabbir Ali Bozdar, advocate.

22. C.P No.D-1230 of 2017, Abdul Faheem Soomro (Petitioner) Vs. Chairman NAB and others through Mr. Imdad Ali Malik, advocate.

23. C.P No.D-334 of 2018, Shaman Khan Samejo, Mehboob Ali Kobhar, Abdul Fateh Samejo, Muhammad Azam Samejo, Khan Muhammad Samejo, and Muhammad Jial Samejo (Petitioners) Vs. Chairman NAB and others through Mr. Shabbir Ali Bozdar Advocate.

Mr. Ubedullah Abro, Special Prosecutor, NAB.

Mr. Oshaque Ali Sangi, Assistant Attorney General.

Date of hearing; 02-10-2018, 0310-2018 & 04-10-2018.

Date of Decision: 09-10-2018.

O R D E R

Amjad Ali Sahito, J. By this common order, we intend to dispose of the above bail before arrest petitions, filed by petitioners, namely, Muhammad Ramzan, Jameel Ahmed Soomro, Rasheed Ahmed Soomro, Jalaluddin Ghoto, Saeed Ahmed Golo, Barkat Ali, Tahir Ali Rajri, Qurban Ali Samejo, Sher Afghan, Muhammad Azeem, Muhammad Jeeal Samejo, Abdul Jabbar, Wazir Ahmed Samejo, Shahban Samejo, Asif Ali Samejo, Muhammad Anwar alias Paryal, Ali Abid Golo, Mehboob Ali Samejo, Khan Muhammad Samejo, Gul Muhammad Golo Kambeer Ahmed, Abdul Hafeez Golo, Moar Ali Samejo, Abdul Fattah Samejo, Muhammad Azam Samejo, Shaman Khan Samejo, Mehboob Ali Kobhar, Abdul Ghaffar, Ghulam Hussain Mahar, Abdul Malik Samejo, Moar Samejo, Muhammad Shaban Pahiyar and Muhammad Qasim Panhiyar so also post-arrest bail petition moved on behalf of petitioner Abdul Faheem Soomro in NAB Reference No. 12 of 2016 (State Vs. Amanat Ali & others).

2. Relevant facts, as set out in Reference No. 12 of 2016, are that accused named Amanat Ali Golo, Muhammad Azam, Javed Ali Golo, Hafeezullah Golo, Imdad Ali Golo, Faheem Soomro, Bakir Golo, Zulfiqar Ali Golo, Bagh Ali Khuharo, Hubdar Golo, and Muhammad Jeeal in collusion and connivance with each other illegally and fraudulently lured the members of general public at large to invest their hard earned money in the business to make their money double within a short span of time. After receiving cash on simple receipts, the accused returned neither principal amount nor profit to investors. It is further alleged that accused Amanat Ali Golo with his agents/abettors unlawfully and illegally in active collaboration and connivance with each other established a company with name and style ‘AD & Company’ and lured the members of the public at large to invest their money in the said company. The total amount including the amount mentioned in the first Reference, first Supplementary Reference and final supplementary Reference comes to Rs. 27, 91, 77, 832/-. Thus, accused have committed an offence of corruption and corrupt practices, as provided under section 9(a) (ix & xii) of NAO, 1999 and schedule thereto read with sections 3&4 of AMLA, 2010, which are punishable under section 10 of NAO, 1999. The individual liability of each petitioner is given as under:

Sr.No.	Name of petitioner/ accused.	Serial No. of accused in Reference	Individual Liability (Rs)
1	Muhammad Ramzan s/o Ghulam Muhammad Rajri.	20	Rs.184,000/-.
2	Jameel Ahmed Soomro.	48	Rs.120,000/-.
3	Muhammad Ramzan Golo	07	Rs.6,92,800/-
4	Rasheed Ahmed Soomro.	27	Rs.408,000/-.
5	Jalaluddin Ghoto.	51	Rs.160,000/-.
6	Saeed Ahmed Golo.	29	Rs.480,000/-.
7	Mehboob Ali Samejo.	59.	Rs.432,000/-.
8	Khan Muhammad Samejo.	61.	Rs.400,000/-.
9	Gul Muhammad Golo.	55	Rs.440,000/-.
10	Tahir Ali Rajiri.	26	Rs.45,600/-.
11	Qurban Ali Samejo.	58.	Rs.320,000/-
12	Sher Afghan.		Rs.8,00,000/-
13	Abdul Jabbar.	33.	Rs.112,000/-
14	Muhammad Jeeal Samejo.	52	Rs.180,000/-
15	Ali Abid Golo	47.	Rs.120,000/-
16	Asif Ali Samejo.	23	Rs.214,800/-.
17	Muhammad Anwar alias Paryal.	38.	Rs.464,000/-.
18	Shahban Samejo.	50	Rs.512,000/-
19	Barkat Ali.	28	Rs.904,000/-
20	Muhammad Azeem.	40	Rs.864,000/-
21	Wazir Ahmed Samejo.	45.	Rs.640,000/-.
22	Abdul Fattah Samejo.	12.	Rs.17,971,200/-.
23	Muhammad Azam Samejo.	02	Rs.26,755,467/.
24	Shaman Khan Samejo.	43.	Rs.15,20,000/-.
25	Mehboob Ali Kobhar.	19	Rs.5,434,666/-.
26	Abdul Ghaffar.	03.	Rs.5,566,400/-.
27	Ghulam Hussain Mahar.	62.	Rs.1,083,200/-.
28	Abdul Malik Samejo.	15	Rs.4,092,000/-.
29	Moar Samejo.	08	Rs.1,772,400/-.
30	Muhammad Shahban Panhiyar.	17	Rs.2,120,000/-.
31	Muhammad Qasim Panhiyar.	21.	Rs.2,320,000/-.
32	Abdul Faheem Soomro.	11.	Rs.4,383,999/-.
33	Kambeer Ahmed	16	Rs.5,326,666/-.
34	Abdul Hafeez Golo.	06	Rs.1,602,334/-.

3. Learned counsel for petitioners, namely, Muhammad Ramzan Golo, Jameel Ahmed Soomro, Rasheed Ahmed Soomro, Muhammad Ramzan Rajri, Jalaluddin Ghoto, Saeed Ahmed Golo, Barkat Ali, Tahir Ali Rajri, Qurban Ali Samejo, Sher Afghan, Muhammad Azeem, Muhammad Jeeal Samejo, Abdul Jabbar, Wazir Ahmed Samejo, Shahban Samejo, Asif Ali Samejo, Muhammad Anwar alias Paryal, Ali Abid Golo, Mehboob Ali Samejo, Khan Muhammad Samejo and Gul Muhammad Golo contended that the above-named petitioners after grant of pre-arrest bail have surrendered before the NAB Court and are continuously attending the learned trial court. The liability fixed by the NAB Authority against the petitioners is a the meager amount, which is yet to be proved against them, therefore, they requested for confirmation of interim pre-arrest bail of the said petitioners. So far case of remaining petitioners, namely, Kambeer Ahmed, Abdul Hafeez Golo, Moar Ali Samejo, Abdul Fattah Samejo, Muhammad Azam Samejo, Shaman Khan Samejo, Mehboob Ali Kobhar, Abdul Ghaffar, Ghulam Hussain Mahar, Abdul Malik Samejo, Muhammad Shaban Pahiyar, and Muhammad Qasim Panhiyar is concerned, the petitioners are innocent and have falsely been implicated in this case; that there are general and vague allegations against the petitioners without assigning any specific role against them in the Reference. They, therefore, prayed for confirmation of pre-arrest bail to the said petitioners. Learned counsel for the petitioner Abdul Faheem Soomro submitted that there is no material on record to connect the petitioner with the alleged offence; that the petitioner is in a jail and no more required for further investigation; that the petitioner is innocent has falsely been implicated in this case; that the petitioner has not cheated anyone. He lastly prayed for grant of post-arrest bail.

4. Learned Special Prosecutor, NAB, Sukkur as well as learned Assistant Attorney General vehemently opposed for confirmation of the pre-arrest bail, as well as post arrest bail. They further contended that the above-named petitioners defrauded and lured the general public on the pretext of investment to make their money double and received the money on simple receipts from the public at large and did not pay back to them. They, therefore, prayed for dismissal of instant petitions.

5. We have considered the submissions of the learned counsel for the parties, perused the material available at the record. It is admitted position that the liability against the petitioners Muhammad Ramzan Golo, Jameel Ahmed Soomro, Rasheed Ahmed Soomro, Muhammad Ramzan Rajri, Jalaluddin Ghoto, Saeed Ahmed Golo, Barkat Ali, Tahir Ali Rajri, Qurban Ali Samejo, Sher Afghan, Muhammad Azeem, Muhammad Jeeal Samejo, Abdul Jabbar, Wazir Ahmed Samejo, Shahban Samejo, Asif Ali Samejo, Muhammad Anwar alias Paryal, Ali Abid Golo, Mehboob Ali Samejo, Khan Muhammad Samejo and Gul Muhammad Goloshown is very meager amount to the extent of Rs. One million.

6. In identical circumstance division Bench of this court at principle seat vide order dated 01.02.2018, passed in C.P.D-6250 of 2017 has confirmed the interim pre-arrest bail to an accused against whom the liability was determined to the extent of Rs,819000/-, which is reproduced as follows;-

“…..heard learned counsel for the petitioner and Spl. Prosecutor NAB that during investigation petitioner’s liability was determined to the extent of Rs.8,19000/-“.

“…..keeping in view the above amount, we are of the view that the Petitioner’s prosecution under NAO, require further probe, bearing in mind that NAB’s mandate is to investigate ‘ mega corruption cases’’ as repeatedly held by Hon’ble supreme Court. Consequently the order dated 19.9.2017 whereby petitioner was granted ad-interim pre-arrest bail stands confirmed on the same terms and condition.”

7. Since the liability against the petitioners is below Rs. One Million and they have surrendered before the NAB Court and attending the trial court, nothing has been brought on the record by the Spl. Prosecutor NAB that they have misused the concession of interim bail. In view of the liability of petty amount mentioned above against the petitioners, namely, Muhammad Ramzan Golo, Jameel Ahmed Soomro, Rasheed Ahmed Soomro, Muhammad Ramzan Rajri, Jalaluddin Ghoto, Saeed Ahmed Golo, Barkat Ali, Tahir Ali Rajri, Qurban Ali Samejo, Sher Afghan, Muhammad Azeem, Muhammad Jeeal Samejo, Abdul Jabbar, Wazir Ahmed Samejo, Shahban Samejo, Asif Ali Samejo, Muhammad Anwar alias Paryal, Ali Abid Golo, Mehboob Ali Samejo, Khan Muhammad Samejo and Gul Muhammad Golo, their case requires further inquiry and they are also entitled for confirmation of bail. Consequently, ad-interim pre-arrest granted to the said petitioners by this court vide orders dated 25.11.2016, 10.01.2017, 30.01.2017, 12.01.2017, 16.01.2017, 25.01.2017, 25,04.2017, 27.07.2017, 21,06.2017, 01.11.2017, 02.11.2017, 06.01.2017, 05.01.2017, 15.02.2017, 06.01.2017 and 14.02.2018 respectively to the extent of said petitioners is hereby confirmed on same terms and condition.

8. Reverting to the case of remaining petitioners, in the present case one Amanat Golo and the above-named petitioners established a company in the name and style of AD & Company in the year 2013 in Daharki district Ghotki and induced, defrauded, lured the general public on the pretext of investment to make their money double and received the money on simple receipts from the public at large and did not pay back to the affectees, hence they have cheated public at large to the tune of Rs. 27,91,77,832/-. It is well settled principle of law that at bail stage only tentative assessment is to be made. The liability fixed against the said petitioners is more than Rs. One Million. Furthermore, about seven accused persons confessed their guilt and entered into the plea bargain (PB) and returned the defrauded amount to the NAB authorities. Therefore, we are of the view that prima facie sufficient material is available on record to connect the petitioners Abdul Faheem Soomro (who is in custody), Kambeer Ahmed, Abdul Hafeez Golo, Moar Ali Samejo, Abdul Fattah Samejo, Muhammad Azam Samejo, Shaman Khan Samejo, Mehboob Ali Kobhar, Abdul Ghaffar, Ghulam Hussain Mahar, Abdul Malik Samejo, Muhammad Shaban Pahiyar and Muhammad Qasim Panhiyar. Learned counsel for the petitioners have failed to make out a case for grant of pre-arrest bail. No mala fide on the part of complainant or Investigating Officer has been pointed out. Accordingly, their bail petitions stand dismissed and orders of this court granting interim pre-arrest bail to said petitioners are hereby recalled and post-arrest bail of the petitioner Abdul Faheem Soomro also stands dismissed.

In summary.

9. Pre-arrest bail is confirmed on same terms and conditions to petitioners, namely, Muhammad Ramzan Golo, Jameel Ahmed Soomro, Rasheed Ahmed Soomro, Muhammad Ramzan Rajri, Jalaluddin Ghoto, Saeed Ahmed Golo, Barkat Ali, Tahir Ali Rajri, Qurban Ali Samejo, Sher Afghan, Muhammad Azeem, Muhammad Jeeal Samejo, Abdul Jabbar, Wazir Ahmed Samejo, Shahban Samejo, Asif Ali Samejo, Muhammad Anwar alias Paryal, Ali Abid Golo, Mehboob Ali Samejo, Khan Muhammad Samejo and Gul Muhammad Golo

10. Post-arrest bail is declined to petitioner Abdul Faheem Soomro.

11. Pre-arrest bail is declined to petitioners, namely, Kambeer Ahmed, Abdul Hafeez Golo, Moar Ali Samejo, Abdul Fattah Samejo, Muhammad Azam Samejo, Shaman Khan Samejo, Mehboob Ali Kobhar, Abdul Ghaffar, Ghulam Hussain Mahar, Abdul Malik Samejo, Muhammad Shaban Pahiyar, and Muhammad Qasim Panhiyar and their interim orders are stands recalled.

12. The above petitions stand disposed of in the above terms.

JUDGE

JUDGE