2019 PLP 1521 (YLR)

ALI BAIG, J.

Muhammad Saleem son of Rash Wali, the petitioner/ accused through the instant writ petition filed under Article 71(2) of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 read with enabling Articles of the Constitution of Islamic Republic of Pakistan, 1973, and enabling Sections of Cr.P.C. seeks post arrest bail in case/reference No.501378/ GB/INV/2016/12743 registered under section 9-A of NAB Ordinance, 1999 at NAB Sub-Office, Gilgit.

2. Succinctly, facts of the case leading to the filing of the instant writ petition are that the contract for procurement of Arms and Ammunition for the Excise and Taxation Department GB was awarded to the petitioner/accused's firm/company Messrs Muhammad Saleem and sons by the then Secretary Excise and Taxation Department GB Mr. Muhammad Ali Yougovi. The present petitioner and his front-man/co-accused namely Sherbaz Ahmed had supplied substandard Arms and Ammunition to the Excise and Taxation Department GB, have embezzled huge amount and have caused heavy loss to Government Exchequer.

3. The learned counsel appearing on behalf of the petitioner/accused contended that the petitioner/accused is innocent and NAB Officials have falsely involved the petitioner/accused in this case with mala fide intention. The learned counsel for the petitioner/accused further argued that the contract in question for supply of Arms and Ammunition has never been awarded to the petitioner/accused by the Excise and Taxation Department GB rather the Excise and Taxation Department GB had purchased the Arms and Ammunition by itself using name of the petitioner/ accused's firm, therefore, the petitioner/ accused is entitled for concession of bail.

4. On the other hand the learned Special Prosecutor NAB controverted the arguments advanced by the learned counsel for the petitioner/accused by contending that the petitioner/accused and his co-accused have purchased/ supplied substandard Arms and Ammunition for the Excise and Taxation Department GB and have caused huge loss to the Government Exchequer. The learned Special Prosecutor NAB further argued that the petitioner/accused had applied for plea bargain on 31-8-2018, wherein, he has confessed his guilt, therefore, the petitioner/accused is not entitled for concession of bail. The learned Special Prosecutor NAB further argued that the bail petition of co-accused/front-man of the present petitioner/ accused has already been declined by this court vide bail order dated 20-8-2018.

5. We have given our thoughtful consideration to the arguments advanced by the parties and perused the record with their able assistance.

6. From perusal of record it reveals that the petitioner/accused has submitted an application to the Director General NAB Rawalpindi on 31-8-2018, wherein he has confessed his guilt and he has also furnished an affidavit duly attested by the Oath Commissioner on 03-9-2018, wherein he has also deposed/stated that he along with his co-accused namely Sherbaz Ahmed had provided substandard Arms and Ammunition and a contract of substandard Arms and Ammunition was awarded to him without fulfilling codal formalities. He has offered to return Rs.6,00,000/- as determined by NAB. He has requested for plea bargain. Moreover, bail petition of front-man of the present petitioner/accused was also dismissed by this court on 20-8-2018, thus at this stage the petitioner/accused has not been able to make-out a case for grant of bail in his favour. Thus, this writ petition having no substance is hereby dismissed.

7. Before parting with this order we would like to make it clear that our observations made herein above are based on a tentative assessment of material before us and shall not prejudice the case of either party at trial which will be decided by the Accountability Court on merit based on the evidence before it.

8. Accountability Court GB is directed to conclude the trial of case of the petitioner/accused as early as possible preferably within 3 months of the passing of this order and no un-necessary adjournments should be granted to either part. If the learned trial Court fails to conclude trial within three months, the petitioner will be at liberty to file fresh writ petition for grant of bail in this court. The office is directed to send a copy of this order to the Accountability Court, Gilgit-Baltistan for compliance. File. MQ/242/GB Bail refused.