IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR.
Present:
Mr. Justice NaimatullahPhulpoto.
Mr. Justice Zulfiqar Ali Sangi
CP No. D- 1653 of 2019
Irshad Ahmed Gopang Vs. NAB through its Chairman and others
CP No. D- 1670 of 2019
HabibullahShaikh Vs. The
State through NAB.
CP No. D- 1671 of 2019
Jagdesh Kumar Waleecha Vs.The State through
Chairman NAB.
CP No. D- 1672 of 2019
GhulamSiddiqueSoomro Vs.The State through
Chairman NAB.
CP No. D- 1673 of 2019
Nazeer Ahmed Abro Vs.The State through Chairman
NAB.
CP No. D- 1675 of 2019
Azad Ali Bahrani (Custody)Vs. The NAB and others.
CP No. D- 1699 of 2018
Abdul KarimMemon Vs. Chairman
NAB & another.
CP No. D- 1705 of 2019
Aijaz Ali Memon Vs. The
State through NAB & others.
CP No. D- 1706 of 2019
Abdul MajidMemon Vs. The
State through NAB & others.
CP No. D- 1714 of 2019
AnjumNaveedLarikVs.The State through Chairman
NAB.
CP No. D- 1721 of 2019
Shahid
Ali Shaikh Vs. NAB through its Chairman &others.
CP No. D- 1772 of 2019
Mujeeb-ur-RehmanVs. The
Federation of Pakistan throughChairman NAB &others
CP No. D- 1755 of 2019
Sikander Ali Veesar Vs. The
NAB through its Chairman.
CP No. D- 200 of 2020
Zulfiqar Ali Jakhrani Vs. Federation of
Pakistan & others.
Date of Hearing : 11.02.2020
& 12.02.2020
Date of Announcement : 05.03.2020
Mr. Abdul GaffarSoomro, advocate for petitioners in CP No. D- 1670,
1671, 1672,1673, and 1714 of 2019
Mr.Nisra Ahmed Bhambro, advocate for
petitioners in CP No. D-1755,1772, and 1675 of 2019.
Mr. Mukesh Kumar G Karara, advocate for
petitioners in CP No. D- 1705 and 1706 of 2019.
Mr. Ali Hyder Ada, advocate for petitioners in CP No. D- 200 of 2020.
Mr.Qurban Ali Malano, advocate for petitioners in CP No. D- 1653 of
2019.
Mr. Ali RazaBaloch, advocate for petitioners in CP No. D- 1699 of 2018.
Mr. Mushtaque Ali Shahani, advocate for petitioners in CP No.-D 1721 of
2019
Mr. Muhammad Zubair Malik, Special Prosecutor NAB.
O R D E R
ZULFIQAR ALI SANGI, J.- All the above petitions are emanating from
Reference No. 15 of 2019 pending against petitioners and others before
Accountability Court Sukkurwherein all the petitioners are seeking bail before
arrest, except petitioner Azad Ali Bahrani who is in custody and he is seeking
his post-arrest bail.
2. Brief facts of the case as alleged in the subject reference are that the NAB authoritiesreceived complaint against officials/officers of Education Works Division, Jacobabad and others in relation to their involvement in embezzlement of funds by allowing bogus payments to bogus firms/ contractors in different schemes, an inquiry was authorized which was subsequently converted into investigation and finally culminated in filing of subject reference against petitioners and co-accused. According to the NAB, the accused/ petitioners and others were involved in processing/ withdrawing illegal, unlawful, unjustified bogus payment of the schemes of Annual Development Program (ADP) and Peoples Works Program-II (PWP-II) and committed the alleged offence by causing huge loss to the NatinonalExcheqer.
03. We
have heard learned counsel for the petitioners, learned Special Prosecutor for
the NAB and perused the material available on record for deciding entitlement
of petitioners to the concession of pre-arrest bail and post-arrest bail with
their able assistance.
04. Mr.
Nisar Ahmed Bhanbhro, Advocate, contended that allegation against Petitioners who
are the accused Nos. 23 and 24 in the Reference are that they are contractors,
they had received the cheque from the officials and deposited partial amount
with the Petrol Pump authorities; that these petitioners are contractors and no
other incriminating material/evidence has been collected against them during theinvestigation
by the NAB. He submits that Primary Schools under execution, which are subject
matter in the Reference are 31 in numbers, Middle School are 04 and Single
Section High school are 07 in numbers and upgrade Middle Schools to High
Schools are 19 in numbers and Rehabilitation of schools are 13 in numbers, total
70 schools were under execution and as per report of technical expert final
payment was withheld; that except technical expert report, there was nothing
against the petitioners; that persons who made complaint against the petitioners
they were not examined by the Investigation Officer U/S 161Cr.P.C. Mr. Bhambro
further contended that complaint against the petitioners was managed one; As regards the mala fide on the part of NAB he
contended that NAB has conducted an enquiry against the petitioners due to
political influence. Accused GhulamAbbass is in custody being Chairman of
Municipal Corporation Jacob Abad; that inquiry was authorized on 12.12.2017, it
was converted into the investigation on 13.12.2019 and 161 Cr.P.C statement of
AsimQureshi Technical Expert was recorded before conversion of inquiry into investigation;
that Statement of Accountant was also recorded before conversion of inquiry
into the investigation. He contended that no witness has been examined by the
NAB after conversion of inquiry into investigation for collecting any
incriminating material against the petitioners; that investigation was
defective and the material collected during investigation was insufficient; that
Complaints with the NAB pertains to the year 2014-2015 and so far the complainants
were concerned those complainants were not examined by the NAB after conversion
of inquiry into investigation and those schemes were not checked at ground. In the
Post arrest petition of Petitioner, Azad Ali submits that hewas arrested during
the investigation and is in jail.; that Petitioner MujeeburRehman is not the proprietor
of two companies, He is only the proprietor of one company. The allegation
against petitioner MujeeburRehmanis that he got a cheque of Rs. 62,00,000/-
(Sixty two lacs) but in his account transaction amount was quite less than the
mentioned above; that total transaction in the account of MujeeburRehman was
not more than 15,000,00/- (Fifteen lacs) and the remaining amount is shown in
the Reference was not justified; He submitted for the Petitioner Sikandar Alithat
he is the Banker and the allegation against him are that he processed chequesin
the Bank being Bank employee; that there is no allegation of personal gain;
that interference of the NAB with the employees of the Bank was unjustified and
without any legal sanction, The bank officials were not beneficiaries. At the
most, it was the case of negligence. Reference has been initiated by the NAB
with mala fide intention.
05. Mr.
Mukesh Kumar G. KararaAdvocate for accused No.1 in the Reference namely Aijaz
AliMemon Executive Engineer Education Works Division Jacob Abad contended that
he was posted at Jacob Abad on 08.06.2015 and transferred on 24.11.2016; that NAB
has leveled two allegations, one was that scheme was not in existence at site
and second was for forwarding of 61 cheques. Counsel for accused AijazAli Memon
referred to the report of Technical Expert and argued that schemes were in
existence. As regards to the second contention, it is argued that there is mala
fide on the part of NAB to initiate inquiry in the matter in which schemes are
already running; that no complaint was filed against the petitioner Aijaz Ali
Memon by any person; that there were three complainants but in those complaints
petitioner Aijaz Ali was not named; that there is no allegation of personal monetary
gain against the petitoner; that Muhammad Ali Depar was XEN at relevant time
who expiredand the NAB finding no other way involved Executive Engineer Aijaz
AliMemon.Mr. Mukesh Kumar learned counsel for petitioner /accused Abdul Majid
in C.P No. D-1706/2019 contended that petitioner is contractor and was assigned
duty of electrification of school building; that the liability has been
calculated against the petitioner to Rs.1,79,000/- and according to NAB
aforesaid amount has been paid to him in excess but as the scheme is running,
he is prepared to complete it within three (03) days.
06. Mr.
Mushtaque Ahmed Shahani Advocate for petitioner Shahid Ali(Division Accounts
Officer) in C.P No.D-1721/2019 contended that he forwarded 35 payment Vouchers
without pre-audit; that 1st Complainant made by Muhammad Ayoob Behan
who was President of Highway Labour Union and his complaint was based on mala
fide; that 2ndComplaint made by Sikandar Ali who was Social Worker
andthe 3rd complaint was made by Muhammad Moosa, he was also Social
worker, he submits that all the three complaints are based on malafides; that the
Vouchers were not confronted to the petitioner during investigation for his
explanation; that petitioner was posted at Jacob Abad only for one month and
was not the beneficiary. Lastly, he
contended that NAB has joined Accountant/ Petitioner as accused for the mala
fide reasons without any substance.
07. Mr.
Abdul GhaffarSoomro Advocate for Bank officers/petitioners HabibullahShaikh,
AnjumNaveedLarik, Jagdesh Kumar, Nazeer Ahmed, and GhulamSiddiqueSoomro
contended that there are general allegations against bankers; that no higher
officials of the Bank was examined by the NAB in order to examine the fault or
criminal liability against the Bankers; that all the beneficiaries had
submitted cheques voluntarily and there was no fault on the part of Bankers;
that Bankers/petitioners were not beneficiaries in any manner; that no loss was
caused by them to the National Exchequer; that technical report showed final
payment was withheld; that except for technical expert, there was nothing
against the petitioners in the statements of the witnesses recorded U/S 161
Cr.P.C; Lastly, he contended that the person who had made complaint against the
petitioners were not examined by the Investigation Officer during the course of
investigation.
08. Mr. Qurban Ali Malano, counsel for petitioner
Irshad Ahmed Gopangcontended that allegations are generalized in the Reference
against him; that he was contractor and acted according to law; that nowhere it
is mentioned that which amount has been embezzled by accused No.15 in the reference;
that amount of plea bargain is also mentioned in the Reference without
deduction of that amount a reference has been filed by the NAB. Lastly, he
contended that accused Irshad Ahmed has joined the investigation and no more
required for the same purpose.
09. Mr. Ali RazaBaloch, counsel for petitioner Abdul KarimMemon
contended that he was posted as Divisional Accounts Officer from the period in
between 2013 to March 2016; that he was not signing authority of the cheques;
that there is nothing on the record that he was beneficiary in any manner; that
in fact, it was the responsibility of Sub-Engineers to have verified the bills
before sending to the Divisional Accounts Officer, but they have not been joined
as accused in the Reference; that all
the schemes were ongoing and no new scheme was approved in his period because
of shortage of funds; that it was the duty of the Executive Engineer to have
verified every scheme before signing the cheques; that according to the new
Ordinance, petitioner acted in good faith; that there is nothing on record that
his sources are beyond limits. Lastly, he prayed for the confirmation of bail.
10. Mr. Muhammad Zubair Malik, Special Prosecutor NAB argued that
this Reference is against officials of the Education Works Department, District
Accounts Officer as well as contractors; that they have been joined as accused
in the Reference as they committed the offence punishable under the NAO, 1997; that there was no record in the offices of
Assistant Engineers, Education Works, Sub-Division Thull, and Jacobabad, but
bogus bills / vouchers were prepared by the officials of Education Works
Department and Treasury Office and the embezzled the huge amount; He contended
regarding bankers’ role, it is argued by Special Prosecutor NAB that cheques
were Government cheques and those cheques were cross cheques in the names of
some particular persons, but officials of banks encashed in the names of some
other persons though chequeswere not issued in their favour; that bills were prepared by Aijaz Ali Memon
Executive Engineer Education Works Division Jacob Abad for an amount of Rs.
3,75,015/- so also other 94 bills which carry signatures of said Executive
Engineer Education Works Division Jacobabad; that District Accounts Officer
prepared the cheques but his role is formal and he was not joined as accused;
that infact pre-auditing of the bills was the function of the Divisional
Accounts Officer who has been joined as accused Nos. 2 and 3, their names are
Abdul Kareem Memon and Shahid Ali; that on several Chequesat the left side the
signature of petitioner Shahid Ali and on the right side there is signature of
petitioner Aijaz Ali Memon is available; that all the cheques and bills have
been signed by petitioner Shahid Ali; that these accused had prepared the
bills, signed and pre-audited the same; that Petitioner Abdul Kareem had also signed
the bills, there are details of the bills which were credited in the accounts
of some persons instead of Payees Account and showed some cheques before the
court, the cheque which was issued in favor of Abdul Khalique, Government
Contractor but the same was deposited in the account of Mujeeb-ur-Rehman
instead of Abdul Khalique Government Contractor; that Bankers/PetitioenrsLarik and Valecha have signed
upon Deposit Slip which also reflected fromcheques which were issued by the
Education Works Department pre-audited in favor of some other persons and were
deposited in the Account of some other person.He argued in C.P No.D-200/2020 with
regards to petitioner Zulifqar Ali Jakhrani that he has drawn the amount of
fake cheques and the bills prepared by him were disowned by the Education
Department.He further contended that no
work at the site has been done and all the bills are fake; that still
charge has not been framed andduring the investigation,only two accused Azad
Ali and GhulamAbass were arrested while other accused applied for bail. He
submits that officers could not point
out the schools and particularly did not join the office of NAB; that fake
bills were prepared that is why the building department could not show the
concerned schools. He submits that during
investigation petitioners AijazAli Memon, Abdul Kareem, and Majid applied for
pre-arrest bail and got interim bail, remaining all petitioners have applied
for pre-arrest bail except petitioner Azad Ali after filing of the Reference. Lastly,
he contended that during investigation 22 accused persons entered into
plea-bargain and some amount was recovered from them.
11. It is a well-settledprinciple of law that
deeper appreciation of evidence is not permissible at the stage of bail and the
material is to be assessed tentatively. We scan the material available tentatively
and found that during the investigation the investigation officer collected
oral as well as documentary evidence against the petitioners. The role against
the petitioner AijazAli Memon is that he remained as XEN, Education
Works Division Jacobabad and forwarded the payment vouchers/bills after
physical verification of schemes the same were pre-audited by District Account
officers and forwarded to the DAO for disbursement of the funds. The petitioner
Aijaz Ali Memon forwarded 61 payment vouchers/bills fraudulently, amounting to
Rs. 29,626,844/- without award of any scheme and his individual liability was
calculated Rs. 6,860,595.5/- for which he has failed to submit reasonable
justification before the investigation officer.
The petitioner Abdul KarimMemon remained as Divisional Accounts Officer,
Education Work Division Jacobabad and he forwarded the amount of bills from his
ID allocated to him, he forwarded 98 payment vouchers/Bills fraudulently,
amount to Rs. 94,427,010/- without conducting pre-audit, the award of the scheme
and mentioning the name of scheme, M.B and page No. of M.B, in which his
individual labiality was calculated as Rs. 20718499.88/- for which he has not
submitted reasonable justification. The role against petitioner Shahid Ali
is that he remains as Divisional Account Officer and forwarded the amount from
his ID allocated to him, he forwarded 35 payments vouchers/Bills fraudulently,
amounting to Rs. 21,076,371/- without conducting pre-audit, the award of the scheme
and mentioning the name of scheme, M.B and page No. of M.B, and his individual
liability of Rs. 4,713,539.25/- was calculated for which he has not given
satisfactory justification before the investigation officer. The petitioner Abdul
Majid is contractor and proprietor of M/S A.M Memon and brothers he got
processed 02 fake/managed payment vouchers/Bills to Rs. 400,000/- in convince
with official of Education Works Division Jacobabad and his individual
liability of Rs. 179,000 was calculated. The Petitioner Irshad Ahmed is
contractor and proprietor of Shan construction Company he got processed 06
fake/managed payment vouchers/Bills amounting to Rs. 3,025,015/- in connivance
with official of Education Works Division Jacobabad and his individual
liability was calculated as Rs. 1,353,694.5/- for which he has not furnished a satisfactory
explanation to the investigation officer. The Petitioner Zulfiqar Ali is
contractor and proprietor of M/S Zulfiqar Ali Jakhrani he got processed 05
fake/managed payment vouchers/Bills amounting to Rs. 1,473,000/- in connivance
with official of Education Works Division Jacobabad and his individual
liability was calculated as Rs. 659,167.5/- for which he has not furnished a satisfactory
explanation to the investigation officer.
The Petitioner Azad Aliwho is in custody and applied for post-arrest
bail and is contractor and proprietor of M/S A.R.J Enterprises, he got
processed 09 fake/managed payment vouchers/Bills amounting to Rs. 17,220,000/-
in connivance with official of Education Works Division Jacobabad and he after
receiving the corruption money immediately transferred Rs. 4,400,000/- to TOTAL
PARCO against outstanding liability of Patrol Pump of accused Mir GhulamAbbass
and also transferred Rs. 4,296,000/- in an account of accused Mir GhulamAbbass
without any consideration and justification. Furthermore, one cheque was
fraudulently processed by Bank Officers of ABL Jacobabad in the account of
Petitioner which was issued in favour of M/S Subz Ali Brohi by District Account
Office and committed misappropriation, his liability was calculated as Rs. 3,472,100.5/-
for which he has not furnished a satisfactory explanation to the investigation
officer. The Petitioner Mujeeb-ur-Rehman is contractor and proprietor of
M/S Mujeeb-ur-Rehman and Riaz& Co. construction Company he got processed 11
fake/managed payment vouchers/Bills amounting to Rs. 6,966,673/- in connivance
with the official of Education Works Division Jacobabad, further after
receiving said corruption money he immediately transferred Rs. 1,800,00/- in
the account of accused Mir GhulamAbbass without any consideration and
justification. It is also alleged that 02 cheques were processed by Bank
Official of N.B.P, Quaid-e-Azam road branch, Jacobabad and 02 cheques processed
by Bank officials of ABL, Jacobabad branch fraudulently in his account which was
not issued in his favourand his individual liability was calculated as Rs. 2,244,586.5/-
for which he has not furnished a satisfactory explanation to the investigation
officer. The Petitioner AnjumNaveed being Ex.BSO, ABL Jacobabad branch
along with accused Jagdesh Kumar Valecha working as Ex. BSM, ABL Jacobabad
branch processed 03 cheques amounting to Rs. 1,656,200/- in the accounts of beneficiaries
other than the persons who’s favourcheques were issued and by misusing his
authority and caused loss to the National exchequer his individual liability
was calculated as Rs. 207,025/-. The Petitioner Jagdesh Kumar Valecha
working as Ex. BSM, ABL Jacobabad branch along with accused AnjumNaveedEx.BSO,
ABL Jacobabad branch processed 03 cheques amounting to Rs. 1,656,200/- in the
accounts of beneficiaries other than the persons who’s favourcheques were
issued and by misusing his authority and caused loss to the National exchequer,
his individual liability was calculated as Rs. 207,025/-.The Petitioner GhulamSiddiqueSoomro
being Ex.BSO, ABL Jacobabad branch along with accused HabibullahShaikh working
as Ex. BSM, ABL Jacobabad branch processed 01cheques amounting to Rs. 375,575/-
in the accounts of beneficiaries other than the persons who’s favourcheques
were issued and by misusing his authority and caused loss to the National
exchequer his individual liability was calculated as Rs. 46,946.875/-.The
Petitioner Nazeer Ahmed Abro being Ex.BSO, ABL Jacobabad branch along
with accused HabibullahShaikh working as Ex. BSM, ABL Jacobabad branch
processed 01 cheque amounting to Rs. 2,013,750/- in the accounts of
beneficiaries other than the persons who’s favourcheques were issued and by
misusing his authority and caused loss to the National exchequer his individual
liability was calculated as Rs. 139,843.75/-.The Petitioner HabibullahShaikh
being Ex.BSM, ABL Jacobabad branch along with accused GhulamSiddiqueSoomro
working as Ex. BSO, ABL Jacobabad branch and accused Nazeer Ahmed Abro Ex. BSO
ABL Jacobabad branch processed 02 cheques amounting to Rs. 2,389,325/- in the
accounts of beneficiaries other than the persons who’s favourcheques were
issued and by misusing his authority and caused loss to the National exchequer
his individual liability was calculated as Rs. 186,790.625/-.The Petitioner Sikandar
Ali being officer Grade-I NBP Quaid-e-Azam road Jacobabad processed 02
chequesamounting to Rs. 1,800,000/- in the accounts of beneficiaries other than
the persons who’s favourcheques were issued and by misusing his authority and
caused loss to the National exchequer his individual liability was calculated
as Rs. 452,500/-.
12. The record further shows that during investigation accused 1. Abdul Karim S/O Kaloo Khan paid the amount of Rs. 44,000/-,
2. Muneer Ahmed S/o Abdul Majeedpaid amount of Rs. 113,125/-, 3. Muhammad Ayoub
S/o Allahdadpaid amount of Rs. 223,750/-, 4. Muhammad Hayat Manjho S/O Imam Bux
paid amount of Rs. 55,043/-, 5. Shabir Ahmed S/o Ghazi Khan paid amount of Rs. 313,250/-,
6. Syed GhulamShabir Shah S/o Syed Ali Asgar Shah paid amount of Rs. 113,750/-,
7. Mohsin Ali S/o Zubair Ali paid amount of Rs. 113.125/-, 8. Abdul Aziz S/O
Muhammad Moosa paid the amount of Rs. 227,500/-, 9. Masroor Ahmed S/O Noor
Ahmed Brohi paid the amount of Rs. 223,750/-, 10. Jawad Ali S/o Qadeer Ahmed
paid the amount of Rs. 190,188/-, 11. Altaf Ahmed S/O PirBux paid amount of Rs.
447500/-, 12. Muhammad Younis S/o Arbar Ali paid amount of Rs. 358,000/-, 13. Zulfiqar
Ali S/O Rabban Khan paid amount of Rs. 536,250/-, 14. Ghazi Khan S/O KhudaBux
paid amount of Rs. 899715/-, 15. Muhammad Sharif S/o Janghan Khan paid amount
of Rs. 227,500/-, 16. Abdul Nabi S/o Suhrab paid amount of Rs. 102791/-, 17. Niaz
Ahmed S/o Zangi Khan paid amount of Rs. 452500/-, 18. Muhbat Khan S/O MaulaBuxpaid
amount of Rs. 628750/-, 19. Aamir Ali S/O Aashique Ali Jamali paid amount of
Rs. 678750/-, 20. Wakeel Ahmed S/o Wazeer Khan paid amount of Rs. 649505/-, 21.
GhulamRabbani S/O Din Muhammad paid amount of Rs. 44750/-, 22. Shahid Ali S/o
PirBuxpaid amount of Rs. 615000/-, Total
72,58,492/-throughPlea bargaining and the same was accepted therefore they
were not sent-up for trial, which also confirmed that the huge amount was
misappropriated by the petitioners along with other accused persons and they
caused loss to the national exchequer.
13. At the outset, it observed
that the above petitioners are seeking pre-arrest bail except for petitioner
Azad Ali Bakhrani who is seeking post-arrest bail, therefore, before
considering the cases of petitioners for such a relief, we may observe that the
conditions for grant of pre-arrest and post-arrest bail are quite different as
set out in the case of Rana Mohammed Arshad v. Muhammad Rafique (PLD 2009 SC
427).
14. No mala
fide on the part of NAB officials is pointed out by the learned counsel. It is now settled law that pre-arrest bail is
extraordinary relief and is only available in cases where there has been mala
fide on the part of the complainant or the investigating agency. In this regard,
reference may be made to the case of Rana
Mohammed Arshad v. Muhammad Rafique (PLD 2009 SC 427) andMukhtar Ahmad v. The State and others (2016
SCMR 2064).In the case of Abdul
Khaliq V. State ( 2019 SCMR 1129 ), the Honourable Supreme Court of
Pakistan has held as under:-
“Grant of pre-arrest bail is an extraordinary remedy in criminal
jurisdiction; it is diversion of usual course of law, arrest in cognizable
cases; a protection to the innocent being hounded on trump up charges through
abuse of process of law, therefore a petitioner seeking judicial protection is
required to reasonably demonstrate that intended arrest is calculated to
humiliate him with taints of mala fide; it is not a substitute for post-arrest
bail in every run of the mill criminal case as it seriously hampers the course
of investigation----the principles of judicial protection are being faithfully
adhered to till date, therefore, grant of pre-arrest bail essentially requires
consideration of malafide, ulterior motive or abuse of process of law.”
15. In the present case some officials prepared bogus vouchers/
bills and some kept note of pre-audit and issued cheques and then released the
huge amount to the contractors and the bankers allowed the persons for
receiving the amount for which they were not authorized to receivethe same as
the cheques were not in their names and were cross cheques of Government Deportment.
We note that the financial loss to
society from white-collar crimes (like present crime) is probably greater than
the financial loss from burglaries, robberies, and larcenies committed by the
persons of the lower socio-economic class. It is high time to deter those from
committing acts of corruption and to save the economic structure of our country
which is already facing a serious financial situation.
16. Lastly, we may observe that while deciding bail petitions an elaborate sifting of evidence cannot be
made but only tentative assessment is required, and a cursory glance of the
record shows that all the petitioners in connivance with the official of the Education
Works, Division, Jacobabad and the Bankers have caused huge loss to the Government
exchequer, therefore, their pre-arrest bail is dismissed. Resultantly, the interim pre-arrest bail granted to them is recalled. As
regards to the case of petitioner Azad Ali, we observe that he is also not entitled
for grant of his post-arrest bail for the above discussed reasons. Therefore
the same is also dismissed. Since the petitioner Azad Ali is behind the bar, learned
Accountability Court Sukkur is directed to conclude the trial within three
months after receiving this order and compliance report be submitted through Additional
Registrar of this Court.
17. The observations made hereinabove are
tentative in nature and shall not prejudice the right of either party at trial.
JUDGE
JUDGE