ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No. D- 618 of 2015

DATE                                     ORDER WITH SIGNATURE OF JUDGE

07.04.2015

1. For orders on MA 2902/15

2. For orders on office objection

3. For orders on MA 2903/15

4. For katcha peshi

5. For orders on MA 2904/15

Mr.Ghulam Sajjad Gopang advocate a/w petitioner

1.         Granted.

2.         Overruled.

3.         Granted.

4&5.   The petitioner has challenged the order dated 19.5.2014 passed by the learned Accountability Court-III, Karachi in Reference No. 60 of 2013 whereby the court has issued perpetual warrants against the absconding accused including the petitioner. The learned counsel pointed out an order dated 28.9.2013 available at page 53 to show that the petitioner applied for Plea Bargain under Section 25(b) of the National Accountability Ordinance 1999 and his offer was accepted by the NAB and ultimately the NAB Court accepted the plea bargain. Since he was in custody, release writ was issued in view of such order. The order passed on plea bargain application shows that a sum of Rs.1,36,21,750/- had already been deposited by the petitioner in favour of Chairman NAB while the remaining amount of plea bargain i.e. first instalment of Rs.68,10,875/- was to be deposited on 1.1.2014 and second instalment of equal amount was to be deposited on 1.4.2014. Learned counsel submits that since the arrangements could not be made for deposit of huge amount, the petitioner committed some default and inconsequence thereof his perpetual warrants were issued. He further requests that if some time is granted to him he will deposit the remaining amount in terms of plea bargain order. He further submits that the petitioner cannot approach the NAB Court because his perpetual warrants have been issued so he apprehends his arrest and requests for protective bail.

            Without touching the merits of the case and subject to deposit of solvent surety in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with PR bond in the like amount to the satisfaction of Additional Registrar of this court, the operation of non-bailable warrants of the petitioner is suspended only for 07 (seven) days from today enabling the petitioner to surrender before the Accountability Court and move proper application. In addition thereto, the petitioner is also directed to deposit his original valid passport with the Additional Registrar of this Court till further orders.

            This order will remain in force for 07 days from today or the date when the petitioner will approach the Accountability Court whichever is earlier.

            This petition stands disposed ofin the above terms.

            Copy of this order may be transmitted to the learned Accountability Court.

                                                                                                                        JUDGE

                                                                                    JUDGE

*Karar/-