2025 PLP 2226 (YLR)

Sardar Muhammad Sarfraz Dogar, J.

Through this Constitutional Petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Muhammad Shafique (petitioner) seeks post-arrest bail in the case arising out of "Investigation authorized vide letter No.1(61)HQ/ 994/NAB-L dated 24.10.2019.

2. Briefly, case of the prosecution against the petitioner is that he being owner of illegal/un-approved housing society namely Al-Raheem City, Phase-II, Sahiwal collected huge amounts from the members of public at large on the pretext of booking of plots in said society since 2010. The accused thus lured in public at large by offering lush green environment and public amenities i.e. Electricity, Roads, Sewerage and Parks etc. in the society but did not provide the said public facilities despite receipt of payments from the public at large. He did not transfer title of land/plots to the members of public at large despite receipt of consideration amount from the members of public at large; he without registering NOC of TMA/District Council, Sahiwal marketed/sold plots to the public at large and collected Rs.1,95,527,528/- from 421 allottees/ affectees and, thus, gained illegal pecuniary advantage.

3. Learned counsel for the petitioner submits that housing society was initially started by one Sheikh Sheraz Shahid, who advertised the same in 2008 through advertisement showing the site plan of the housing society also; subsequently, he sold the housing society to the petitioner; petitioner applied for approval of the housing society in 2013, however, society could not be approved nor completed.

4. Learned Special Prosecutor for NAB while opposing the petition submits that petitioner/accused being developer of said society entered into agreement to sell for land measuring 136 Kanal and 4 Marlas on 13.5.2010, 07.08.2014, 22.04.2016, 30.07.2016 and 08.06.2018 with the land owners namely Safdar Ali Tabassum and others, Ashfaq Ahmed, Muhammad Siddique, Muhammad Saeed and Abdul Rauf and others respectively. However, the petitioner/accused did not make full payments to the said land owners as per the terms and conditions said agreements to sell due to which the land of society could not be transferred to the allottees/affecices of the said society, further argued that as per record of Metropolitan Corporation Sahiwal, petitioner submitted file for approval of Al-Raheem City Phase-II comprising area of 89-K on 19.06.2014 which was not approved due to non-ownership/non-completion of formalities by the petitioner/accused. Similarly, the petitioner/accused also submitted file of Zain Block land sub-division over an area of 34-Kanal and 08 Marlas on 15.01.2017 for approval which was also not approved by the Municipal Committee, Sahiwal due to non-submission of approval fee and completion of other codal formalities by the petitioner/accused; further adds that development work of the society is still not completed and public amenities like roads, electricity, sewerage, gas, parks and horticulture etc are still not available in the society. That as per record of the society, 421x allottees/affectees have booked residential/commercial plots in the said society and have paid a hefty amount of Rs. 195,527,528/- against booking of said plots, however, the said allottees have neither been provided the public facilities le roads, electricity, nor they have been transferred plots in the revenue record.

5. Heard. Record perused.

6. After hearing learned counsel for the petitioner, learned Special Prosecutor for NAB and going through the available record with their able assistance, it has been noticed that though it was contended by the learned counsel for the petitioner that housing society was initially formed and advertised by one Sheikh Sheraz Shahid but he could not controvert/negate the contention of learned Special Prosecutor for NAB that petitioner in connivance with Sheikh Sheraz Shahid illegally and with ulterior motives executed agreements to sell with the affectees regarding sale of plots in (Zain Block, Haider Block in Al-Raneem City Phase-II Sahiwal, despite the fact they did not hold valid title of land of the society and thus collected an amount of Rs.195,527,528 against booking of 421 plots; whereas actually petitioner only has a general power of attorney of 16-kanals land. As per the record petitioner/accused being owner/developer of said society(Al-Raim City Phase-II, Sahiwal) entered into agreements to sell for land measuring 136 kanals and 4 marlas on 13.5.2010, 07.08.2014, 22.04.2016, 30.07.2016 and 08.06.2018 with the land owners namely Safdar Ali Tabassum and others, Ashfaq ahmed, Muhammad Siddique, Muhammad Saeed and Abdul Rauf and others respectively. Petitioner did not make full payments to the said land owners as per the terms and conditions of said agreement to sell due to which the land of society could not be transferred to the allottees as per record of Metropolitan Corporation Sahiwal; petitioner submitted file for approval of Al-Raheem City Phase-II comprising area of 89-K on 19.06.2014 which was not approved due to non-ownership/non-completion of formalities by the petitioner/accused. Similarly, the petitioner/accused also submitted file of Zain Block land sub-division over an area of 34-Kanal and 08 Marlas on 15.01.2017 for approval which is also not approved by the Municipal Committee, Sahiwal due to non-submission of approval fee and completion of other codal formalities by the petitioner/accused; it was advertised that basic amenities like boundary wall, sewerage, sui gas, electricity, parks, market and metalled roads are available in the housing society but no such amenity is available there but even then the said housing society has not been approved by TMA Sahiwal uptill now; even till date, facility of electricity, sewerage/ water disposal and road network is not provided to the allottees of said society; money of the affectees has been misappropriated and they are victims by the hands of the petitioner. Prima-facie, element of any bona fide in the formation of the housing society on part of both of them, is missing. However, this scenario, prima-facie, reflects that this housing scheme was took over by the petitioner for the purpose of extracting money through" "cheating and fraud". Petitioner lured general public to buy plots ete. However, accused/petitioner remained fail to provide possession of the plots to majority of them all now, many persons filed complaints against the petitioner, they joined investigation and recorded the statements against the petitioner.

7. In view of what has been discussed above, there are reasonable grounds available on the record to connect the petitioner with the commission of alleged offence i.e. corruption and corrupt practice within the meaning of Section 9 of the National Accountability Ordinance, 1999. At present, the NAB is equipped with sufficient incriminating material, which connects the petitioner with the commission of alleged of offence. It goes without saying that such offences/crimes are increasing day-by-day, therefore, to be discouraged and dealt with iron hands.

8. Resultantly, we feel no hesitation to hold that the petitioner is not entitled to the concession of post-arrest bail; instant petition is dismissed, being meritless, Needles to observe that observations (mentioned above) are tentative in nature, strictly confined to the disposal of this petition and shall have no bearing upon trial of the case. UN/M-125/L Petition dismissed.