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-1136 of 2019

Date	Order with signature of Judge

1. For hearing of CMA No.2146/2020

2. For hearing of main case

17-03-2021

M/s Abdul Rehman Bhutto and Dareshani Ali Haider Ada Advocates for petitioners

M/s. Muhammad Zubair Malik and Mujeeb-ur-Rehman Soomro, 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 Gulzar Ali Khushak who is seeking post-arrest bail in Reference No.11 of 2019, pending adjudication before the Accountability Court at Sukkur.

2. Briefly stated, Reference 11/2019 is against 12 persons, out of whom 10 are already on pre-arrest bail and only accused No.12 Gulzar Ali Khushak the petitioner herein is behind the bar since 26.07.2019. With the assistance of learned counsel for the parties we have examined the Reference in which the role of petitioner Gulzar is available at para 11 of the Reference. The petitioner is Survey Inspector in the Revenue Department and allegation against him is that he had conducted a survey of Government land and submitted wrong/incorrect report in the year 2007. The record shows that two private persons filed a complaint on 29.06.2015 and they repeated their complaint on 11.01.2018 and again filed third complaint on 22.02.2018. The role of the petitioner Gulzar Ali Khushak was to conduct survey and carry out measurement. The survey which is under dispute about a reference was conducted in 2007; then the question is that how the private persons came to know about such illegality after about 9 years in 2015 and what happened to their filed complaint and under what circumstances with a gap of 3 years they filed again the same complaint. There is definite delay of more than 10 years in registration of an inquiry in the alleged offence. Interestingly the Reference No.11/2019 is silent about the loss caused to public exchequer on account of survey report submitted by the petitioner. Besides delay itself is enough for post-arrest bail. This bail is also granted on the ground that other petitioners are already enjoying pre-arrest bail and role of the present petitioner is not different from the role of other government servants nominated in the Reference. Be that as it may, this is the first ever Reference of NAB in which the Investigating Officer has failed to identify the amount of losses sustained by state on account of corrupt practices of the alleged accused or value of the ill-gotten gain of the accused by misuse of authority. It is an incomplete reference to the extent of identifying the amount of losses caused to the government exchequer by the accused persons.

3. In view of above, petitioner Gulzar Ali Khushak has made out a case for post arrest bail. He is admitted to post-arrest bail subject to furnishing surety equal to Rs.100,000/- and PR bond in the like amount to the satisfaction of learned Trial Court.

4. 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