2008 PLP 1087 (YLR)

Petitioner Najma Swaleh Syed has applied for pre-arrest bail in respect of the investigation conducted by National Accountability Bureau against Qazi Muhammad Shamim and others for commission of act of corruption and corrupt practices being a public office holder. The petitioner was admitted on interim pre-arrest bail vide order, dated 29 July, 2007. Precisely the facts leading to the petition are that the petitioner while serving as Chief Executive Officer Faisal Cantonment Board from the month of April, 1989 to May, 1992 received a letter of NAB, dated 27-4-2006 along with a questionaire. She was directed to file comprehensive reply in connection with the investigation carried by respondents authority by another letter, dated 3-5-2007 whereby the petitioner was informed that investigation under the provisions of National Accountability Bureau Ordinance, 1999 had been initiated against her, give an opportunity to come forward and return gains and assets acquired by her within the meaning of section 25(b) of Ordinance, 1999 and was granted' plea bargain option. Learned counsel for petitioner has contended that bail plea has been sought by the petitioner as there is every likelihood that the petitioner shall be arrested by the respondent. In view of letter referred supra whereby the petitioner was given an option of plea bargain. Mr. Ainuddin Khan learned A.D.G.P. NAB has contended that during the course of investigation of embezzlement in Cantonment Board Faisal funds of Rs.45,616, besides an inquiry committee ML&C detected temporary embezzlement of Rs.18,000 during the tenure of the service of the petitioner. Moreover movable and immovable assets and various accounts maintained by the petitioner had shown transactions of heavy amount therefore an authorized officer has been conducting investigation against the petitioner. We have considered the arguments advanced at bar. There is no cavil to the effect that petitioner had served Cantonment Board Faisal with effect from 9-4-1989 to 22-5-1992, besides the petitioner, inquiry was conduced against other Chief Executive Officers remained posted on different occasions. Prima facie a case of embezzlement against lower staff of Cantonment Board Faisal was detected by the Audit Department in the year, 2003 as such Inquiry Committee was constituted by Military Land and Cantonment Department which conducted an inquiry started from 1988-2005 and found several embezzlement and a reference was filed against the lower staff pending adjudication before Accountability Bureau Court No.III, Karachi, so far as the petitioner is concerned there is even no iota of evidence t3 suggest, prima facie, that the petitioner was involved in the embezzlement of funds nor NAB authorities produced such evidence for tentative assessment at the bail stage.' Prima facie letter, dated 3-5-2007 pertaining to plea bargain appears to be based upon mala fides as the petitioner was involved on the basis of the embezzlement by subordinate staff for which a reference is pending adjudication before the competent court. Having regards to the above facts and circumstances, we are of the opinion that the petitioner is entitled to pre-arrest bail on the same terms and conditions as are contained in the interim pre-arrest order referred supra. The petition was allowed vide order, dated 25-2-2008, these are the reasons for the same. H.B.T./N-4/K Bail granted.