2021 PLP 1159 (YLR)

Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Qasim Qayyum has sought post-arrest bail in Accountability Court Reference No.22/ 2020.

2. Succinctly, the accusation against the petitioner is that he was running the business of unregistered/illegal money exchange in the name and style of Ali Trading Company, Sadiq Plaza, The Mall, Lahore and employed low paid workers namely, Muhammad Rafique, Manzoor Ahmad and Mumtaz Ahmed with the assignment to arrange fake and fictitious foreign remittances. They used to visit the house of co-accused Suleman Shahbaz Sharif, different employees of co-accused Shahbaz Sharif, collect money from them, arrange the remittances through different money changers and deposit the same in the bank account of different family members of Shahbaz Sharif.

3. Learned counsel for the petitioner seeks post arrest bail of the petitioner on the ground of statutory delay in the conclusion of trial as well as rule of consistency and submits that the petitioner is behind the bars since last about two years without any progress in the conclusion of trial and till-date, the statements of only eight out of 110-prosecution witnesses have been recorded. Further submits that co-accused Hamza Shahbaz Sharif, Fazal Dad Abbasi and Muhammad Shoaib Qamar, with identical role, have already been granted post arrest bail by this Court vide order dated 24.02.2021 passed in Writ Petitions Nos.7425, 7438 and 7444 of 2021 on the ground of delay in the conclusion of trial.

4. On the other hand, learned Special Prosecutor has gracefully conceded that the petitioner is behind the bars for about two years and case of the petitioner identical to that of the co-accused, who have already been granted bail by this Court.

5. We have heard learned counsel for the petitioner as well as the learned Special Prosecutor for NAB and perused the available record with their able assistance.

6. This is third petition on the subject, earlier Writ Petition No.68381/ 2019 was dismissed on merits vide order dated 27.02.2020 and the second was bearing Writ Petition No.18361/2020 was dismissed as withdrawn vide order dated 07.04.2020.

7. This petition has been filed on the fresh ground of statutory delay in the conclusion of trial as well as on the rule of consistency. The perusal of record goes to evince that co-accused Hamza Shahbaz Sharif, Fazal Dad Abbasi and Muhammad Shoaib Qamar have been granted post arrest bail by this Court vide common order dated 24.02.2021 passed in Writ Petitions Nos. 7425, 7438 and 7444 of 2021 on the sole ground of statutory delay in the conclusion of trial. The petitioner was arrested in this case on 04.04.2019 and he is behind the bars for about two years. On our query, learned Law Officer has gracefully conceded that case against the petitioner is exactly identical to that of the aforementioned co-accused. Keeping in view the aforementioned facts and circumstances of the case, we are persuaded to hold that the petitioner is entitled to the relief claimed for on the basis of rule of consistency.

8. For what has been discussed above, the petition in hand is allowed and the petitioner is admitted to post arrest bait subject to his furnishing bail bonds in the sum of Rs.10.00 Million with two sureties in the like amount to the satisfaction of learned trial Court. MH/Q-2/L Bail allowed.