2015 PLP 1446 (YLR)

AMER RAZA NAQVI, J.

Through these bail applications, applicants have sought bail in F.I.R No.47/2014 Polie Station FIA Crime Circle, Sukkur.

2. According to allegations contained in the FIR and challan an amount of Rs.5,58,59,633 was misappropriated/ embezzled out of total amount of One Billion allocated for development works under Prime Minister's directives. The amount was in respect of MNA and Senators grants/fund for the purpose of development projects of different areas of Sukkur District. The projects were mainly of roads and it was alleged that the same were not completed in accordance with the tenders specifications and yet the bills were paid on the basis of measurement books.

3. Mainly Messrs Muhammad Ashraf Kazi, Muhammad Ilyas Khan, Haider Waheed, Barrister Zameer Ghumro, Mukesh Kumar, Muhammad Rafiq Kalwar and other counsel appearing in the matter argued the following points in support of their contention that their clients may be granted bail: (i) That the offence alleged took place in 2010 to 2013 and the F.I.R. has been registered in 2014 and delay has not been explained properly. (ii) That requirement of proper sanction and notices under FIA Rules, 2002 have been violated. Mr. Haider Waheed argued that had notices under rule 10 being issued to the applicants, they would have explained the correct position as experts who have conducted the investigation were not experts in the matters of roads and were employees of P.W.D, which organization according to its own website deals with the matter of Building as mentioned in it, copy of which has been filed at page-91 in Cr.B.A. No.1283/2014. (iii) That rule 5 of the FIA rules have also been violated and sanction has not been made by the competent authority. It was also argued that nowhere in the interim challan specific allegations, specific role, and manner in which the alleged offence has been committed is mentioned. (iv) That copy of the inquiry report has not been filed in the trial Court nor has been supplied to the accused persons. (v) Only Interim challan has been filed and final challan has not been filed till date and such fact itself shows that matter is of further inquiry. (vi) No lab test has been conducted in the matter, therefore, ratio cannot be ascertained without any lab test. The discrepancies in the work alleged in the challan are minor one and therefore, applicants cannot be saddled with criminal liabilities. In support of contention of learned counsel they have relied upon 1992 SCMR 975, 2011 YLR 228, 1978 SCMR 64.

4. Mr. Abdul Sadiq Tanoli along with Syed Israr Ali and I.O. Syed Nisar submitted that sanction is not required under Criminal Law Amendment Act, 1958, however, I.O. stated that final challan is yet to be submitted in the case and he has to carry out further investigation in the matter, thereafter, final challan will be submitted. It was also conceded that no lab test has been conducted in the matter so far. The persons appearing for the State submitted that since there are number of accused persons in this matter and amount if distributed upon the accused persons and they are asked to furnish security, the interest of State and Exchequer shall be secured and in such event they do not have any objection to the grant of these applications in case each applicant is directed to furnish security in the sum of Rs.1 Million and also surety in the sum of Rs.200,000 with P.R. bond in the like amount. 4-A. I have heard all the learned counsel in the matter and has noted that this matter pertains to year 2010 to 2013 and FIR has been registered in the year 2014. It is also a fact that inquiry report has not been filed in the Court and copies have not been supplied to accused persons. They were also not heard at the time of inquiry, therefore, in my humble view their right of defending themselves has been curtailed. Moreover, now in view of Article 10-A of the Constitution I am of the view that every document which prosecution intends to produce before the trial Court should be required to be supplied to the accused persons so that they could defend themselves properly. Since many of the applicants are behind the bars, if such exercise is ordered to be carried out now it would prejudice their rights as for such time they will be behind the bar unnecessarily. Moreover, in all fairness, applicants should have been heard at the time of inquiry. It is also a fact that according to representatives of the State, final challan is yet to be filed and investigations is still going on, which make this matter of further inquiry. The entire record which prosecution has relied is already in their possession. Accused are no more required for investigation, therefore, prima facie at this stage, the applicants are entitled to the concession of bail. Learned counsel appearing for the accused persons however agreed that in order to protect the interest of State every applicant is ready to furnish a security proposed by the prosecution with the Nazir of this Court.

5. In view of the above facts and circumstances, all the applicants are admitted to bail subject to furnishing security by each of the applicant for an amount of Rs.1 Million in addition to that every applicant shall furnish surety in the sum of Rs.200,000 with P.R. Bond in the like amount. The applicants, who are already on interim bail, their bail is confirmed subject to the condition that subject to the adjustment of surety already furnished by them, additional security/ surety as ordered above will be submitted to the Nazir within two weeks, and the applicants, who are in custody shall be released on furnishing security and surety as ordered above. All bail applications are disposed of in above terms. ARK/M-142/Sindh Bail granted.