Through captioned petition, the petitioner seeks direction to the respondents for providing protection and not to harass him

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Const. Petition No.D-501 of 2021

Date	Order with signature of Judge

For hearing of main case

17-03-2021

Mr. Fidaullah Qureshi, Advocate for the petitioner

Mr. Muhammad Zubair Malik, Special Prosecutor NAB

O R D E R

Nazar Akbar, J: By this order, we intend to dispose of the above captioned Constitutional Petition filed by the Petitioner Tufail Ahmed, who is seeking post-arrest bail in Reference No.23 of 2020, pending adjudication before the Accountability Court at Sukkur.

2. Learned counsel for the petitioner has contended that petitioner has filed Plea Bargain application and stated at bar that for almost four months this application is pending before the NAB authorities. Besides that he has also annexed a cheque dated 14.12.2020 of total liability amount allegedly attributed to the petitioner. The liability of the petitioner is mentioned at page 79 of the file which comes to Rs.6,009,143/-. This cheque has already been accompanied with the application for Plea Bargain. Learned counsel for NAB confirms that the cheque available is equal to amount of liability determined by the NAB authorities in the Reference against the petitioner. It is expected that this money has been transferred in the account of NAB authorities. However, learned counsel for NAB states that this money has not been transferred since the application is pending. The NAB authorities should have decided application for Plea Bargain within reasonable time. Be that as it may, the unexplained delay is on the part of NAB and the petitioner is in jail only on account of inaction of NAB. Since the petitioner is in jail therefore on humanitarian ground the NAB should have expedited his case and petitioner should be released. On the basis of an offer to deposit the amount equal to loss caused by different accused we have already granted bail to other several accused of NAB subject to depositing entire amount of their individual liabilities alleged in the Reference.

2. In view of the above facts and circumstances, pending his application for Plea Bargain as well as trial, the petitioner may be released subject to depositing an amount of Rs.6,009,143/- through pay order and PR bond in the like amount to the satisfaction of trial court if not required in any other case.

3. The observations made hereinabove are tentative in nature and will not influence the learned Trial Court while deciding the Reference on merits.

JUDGE

Suleman Khan/PA