ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application No. D-66 of 2022
(Nisar
Ahmed Sodhar Vs. The State)
1. For Orders on
office objection.
2. For hearing of
Post Arrest Bail Application.
15-02-2023.
M/s
Allah Warayo Soomro and Ghulam Shabbir Phulpoto, advocates for the applicant.
M/s
Mujeeb-ur-Rehman Soomro and Bahawaluddin Shaikh, Special Prosecutors NAB.
Mr.
Karim Bux Janwari, Assistant Attorney General, Pakistan.
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Irsahd Ali shah, J; It
is the case of the prosecution that the applicant being Supervisor/Incharge PRC Warah for crop season
2015-2016 in collusion with rest of the culprits allegedly misappropriated 29,995
PP bags to the tune of Rs. 150,456,992/-. His individual liability was calculated
to be of Rs. 105,319,894/- for that he was booked by NAB authorities by filing
such Reference against him and others.
2. On
having been refused bail by learned Accountability Court, Sukkur, he has sought
for the same from this Court by way of instant Bail Application u/s 497 Cr.P.C.
3. It is contended by learned counsel for
the applicant that the applicant being innocent has been involved in this case falsely
by the NAB authorities; no misappropriation has
been committed by the applicant, he has simply shifted the wheat bags from one
to other place for safety purpose; he is not feeling well and is in custody
since one year, therefore, is entitled to be admitted to bail on point of
further inquiry.
4. Learned Special Prosecutor NAB and
learned Assistant Attorney General, Pakistan have opposed to release of the
applicant on bail by contending that he has caused huge loss to the public
exchequer; as per opinion of Medical Board, he was not found sustaining any acute
medical problem and he with rest of the culprits by design has been defeating
the disposal of the case.
5. Heard arguments and perused the record.
6. The applicant on having been involved
in present case by NAB authorities sought for interim pre arrest bail which was
granted to him by this Court vide order dated 17-03-2021 subject to deposit of the
liability amount with learned trial Court within 15 days, which he failed to
deposit and then preferred to go in absconsion and by such act he defeated the
legal proceedings at least for one year. Nothing has been brought on record by
the applicant which may suggest that he has actually shifted the wheat bags
under misappropriation from one to other place for safety purpose under
authorization of the competent authority. This appears to an invented plea on
his part to get undue advantage. As per Medical Board no acute ailment, the
applicant is found to be sustaining and he by design with rest of the culprits
is alleged to have been defeating trial. Indeed there appear reasonable grounds
to believe that the applicant is guilty of the offence with which he is
charged.
7. In view of above, it is concluded safely
that no case for release of applicant on bail is made out, consequently the
instant Crl. Bail Application is dismissed.
Judge
Judge
Nasim/P.A