2008 P Cr (PLP)

SYED MAHMOOD ALAM RIZVI, J.

This judgment will dispose of C.Ps. Nos.D-183 and 184 of 2008 as both arise out of the same Reference bearing No.69 of 2007 pending before the Administrative Judge, Accountability Court Sindh, Karachi.

2. The petitioners have applied for pre-arrest bail outcome of Reference, in which they are facing trial under sections 9 and 10 of the National Accountability Bureau Ordinance, 1999 (hereinafter referred to as the "Ordinance, 1999") along with other co-accused involved in corruption and corrupt practices.

3. Precisely, facts of the case are that the petitioners in custody are Mosque School Teachers (BPS-7) in Muhammad Alam Lashari, Primary Mosque School, Shikarpur. The National Accountability Bureau has filed Reference bearing No.69 of 2007 pending before the Accountability Court, Karachi against 67 officials of the District Accounts, Education Departments, Shikarpur and other different departments and banks official for their involvement in embezzlement of G.P. Fund to the tune of millions of Rupees during the year 2002-2003. Prior to filing of the reference during investigation, voluntary return offer of 29 persons was accepted by the competent authority, therefore, they have not been arrayed in the above reference, 21 persons have discharged their liabilities, 8 persons have not yet returned the amount of illegal gain and the legal proceedings against voluntary return defaulters are being separately initiated under the Ordinance, 1999.

4. Learned counsel for petitioner contends that the petitioners are innocent and have been falsely implicated in the case with mala fide. No role has been assigned in the reference against petitioners and all the documents are with Investigating Agency. She further contends that the said cheques from which the embezzled amount said to have been encashed from the account of the petitioners were earlier lost and the petitioners had already filed applications to the concerned Branch regarding the loss of cheques, which, prima facie, shows that the petitioners have been cheated by the bank officials in connivance with the other co-accused of the Government Departments. The petitioners have never obtained G.P. Fund, the petitioners will neither abscond from the proceedings nor tamper the prosecution witnesses, hence they are entitled for bail.

5. Conversely, learned counsel appearing for the NAB contends that the petitioners, prima facie are involved in the above case and are not entitled for bail at this stage.

6. We have heard learned Advocate for the petitioners, learned A.D.P.-G., NAB and perused the record of this case very carefully.

7. After perusal of the record it reveals that both the petitioners had made complaints regarding the loss of cheques and have placed the copies of complaints which makes the. case doubtful and require further inquiry. There are 69 accused persons who are facing trial which will take reasonable time and since there is such a meagre amount involved the accused persons who are lower grades teachers and are beneficiaries cannot be kept in jail for indefinite period.

8. In the pecuniary facts and circumstances of the case, we admit. the petitioners on bail subject to furnishing separate sureties in the sum of Rs.2,00,000 each and P.R. bond in the like amount to the satisfaction of Nazir of this Court.

9. C.Ps. Nos.D-183 and 184 of 2008 stand allowed. N.H.Q./M-28/K Bail allowed.