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