IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
BEFORE:-
Mr. Justice Arshad Hussain Khan &
Mr. Justice Amjad Ali Sahito
Criminal Accountability Appeal No. D-25 of 2022
Appellant: Mansoor Ahmed S/O Abdul
Ghaffar, Mahar (Presently confined in Central Prison, Sukkur) through Mr.
Qurban Ali Malano, Advocate.
The
State: M/s Mujeeb-ur-Rehman
Soomro and Bahawaluddin Shaikh, Special Prosecutors NAB, Sukkur.
Dates
of hearing: 29.04.2022
Date
of decision: 29.04.2022
J U D G M E N T.
Amjad Ali
Sahito, J. By
this judgment, we intend to dispose of the above captioned Crl. Accountability Appeal
filed by the appellant Mansoor Ahmed Mahar against the Judgment dated 08.03.2022 whereby he along with
co-accused have been convicted and sentenced by the Accountability Court,
Sukkur in Reference No. 10/2017 “Re. The State Vs. Abdul Shakoor and others as
under:-
“Accused Mansoor
Ahmed son of Abdul Ghaffar, Mahar was convicted
under section 265-H(2) Cr.P,.C read with section 10-A of NAO, 1999 and sentenced to suffer R.I for five years
and pay fine of Rs. 43,602/- in terms of Section 11 of NAO, 1999. In case he
fails to pay fine, it shall be recoverable as arrears of Land Revenue in terms
of Section 33-E of NAO,1999. However, he shall be entitled to the benefit of
Section 382-B Cr.P.C. He was also disqualified in terms of Section 50 of
Ordinance, 1999 for a period of 10 years to be recounted from the date of release
after serving out sentence awarded to him and also from seeking or from being
elected, chosen, appointed or nominated as a member of respensetaive of any
public body or any statutory or local
authority or in service of Pakistan or any province and also he shall not be allowed
to obtain any financial facility in the form of loan or advances from any
financial institutions controlled by Government for a period of 10 years.
2. Learned counsel for the appellant submits
that he has filed CMA and the required liability amount has been deposited by
the appellant through plea bargain application, as such he prayed that the
appeal may be decided in accordance with law.
3. On the other hand
learned SPP NAB submits that plea bargain application filed by the appellant
has been accepted by D.G NAB Sukkur, as such he has raised no objection for
decision of the application in accordance with law.
4. The allegation against appellant Mansoor
Ahmed was that he being Government Contractor in TMA New Sukkur got work order
of 1 scheme of construction of Surface Drain and CTT Topping at village Rahuja UC-16
and executed work was found partial at the site, as per expert report, which
caused loss to the Govt. Exchequer and gains acquired. Accused Mansoor Ahmed in
collusion and connivance with accused Abdul Shakoor, Yar Muhammad, Zahoor
Ahmed, Abdul Razaqure and Hakim Ali found involved in missapropriation of
Government Funds and acquired gains to the tune of Rs. 87,204/-. His individual liability and gains
are Rs. 43,602/-.
5.
During the pendency of this appeal,
he filed Application u/s 25 (b) of NAO, 1999 for plea bargaining before the
Chairman NAB and the liability amount viz. Rs. 43,602/- was determined and the same was paid to the NAB
authorities through Pay Order dated 19.04.2022. The Director-General NAB in the
exercise of powers vested to him has accepted the offer as the
convict/appellant Mansoor Ahmed Mahar deposited
the full payment amount of Rs. 43,602/-.
6. Resultantly, the
accused/appellant namely Mansoor Ahmed
Mahar deemed to have been convicted u/s 25 (b) of NAO, 1999 read with 15
(a) of said Ordinance. The appellant shall seize to hold public office, if any,
held by him u/s 15 (a) of the NAO, 1999, and shall be disqualified for a period
of ten years, which will be reckoned from the date his release after serving
the sentence, for seeking or from being elected, chose, appointed or nominated
as a member of representative or any public body of any statutory or local
authority or in service of Pakistan of any Province. Appellant is in custody.
Office is directed to issue release writ for the release of above-named
appellant with further directions to concerned Jail Superintendent to release
the appellant forthwith, if he is no more required in any other case/crime.
Judge
Judge
IrfanP.A