2017 PLP 1045 (YLR)

MUHAMMAD IQBAL MAHAR, J.

Through instant petition, petitioner Ali Akbar seeks post arrest bail in reference No.07 of 2015 (The State v. Abdul Rehman Kalhoro and others) pending for adjudication before Accountability Court VI, Sindh at Hyderabad.

2. Relevant facts of the reference are that on receipt of complaint from one Lal Chand Malhi against Aziz Rahman, Mukhtiarkar and others regarding illegal mutation in property card (revenue record) of Evacuee Trust Property, a plot measuring 3027-5 sq. yards. An inquiry was authorized, which was subsequently converted into investigation. The investigation revealed that the petitioner served as Sub-Registrar and during his incumbency, he entertained a sale deed in respect of aforesaid property, thus he misused his authority with ulterior motive and criminal intention in violation of section 28 of Registration Act, 1908 as he did not inquire about original CNIC of Vendor. The respondent No. 1 after appraisal of the material placed before him, opined that there is sufficient material to justify the filing of reference, hence reference was filed.

3. Learned counsel for the Petitioner submitted that the Petitioner is innocent and has been falsely involved in the reference in hand. He further submitted that violation of section 28 of Registration Act, 1908, as alleged, is not a scheduled offence; that the respondent No.1 never appreciated the fact and legal position that title document was in the name of vendor, which is sufficient for execution of registered document within the meaning of Registration Act and that the Petitioner had no knowledge that the title document was a forged document, hence he is not guilty of the alleged offence; that the petitioner is not involved in corruption, corrupt practice or any offence under the NAB Ordinance; he is in jail since last ten (10) months and is no more required for further investigation. He lastly concluded that co-accused Aziz Rehman, Muhammad Ismail, Rana Akhtar Ali, Kamran Ali and Chettan have been granted interim post arrest bail and co-accused Sham Puri has been granted pre-arrest bail by this Court at Principal Seat, Karachi, therefore, petitioner is also entitled for bail on rule of consistency.

4. Learned Special Prosecutor NAB has opposed the grant of bail to the present Petitioner on the ground that the petitioner has misused his authority and during inquiry/investigation he has been found guilty.

5. We have heard the learned counsel for the petitioner as well as learned Special Prosecutor NAB and have gone through the material available on record.

6. It is an admitted fact that neither the petitioner is custodian of record of rights and nor he is beneficiary, the allegation against him is that he entertained sale deed in respect of aforesaid property but it has not been stated that he received illegal gratification. Apart from that the case against the petitioner is identical to that of co-accused who have already been granted pre-arrest and interim post arrest bail by this Court at principal Seat, hence rule of consistence makes the petitioner entitled to grant of bail.

7. Furthermore, the petitioner is a Government employee/servant and record has already been handed over to NAB authorities and, therefore, there is no likelihood of his absconsion or tampering with the prosecution evidence.

8. For the reasons discussed above, instant petition was allowed and the petitioner was granted bail subject to his furnishing solvent surety in the sum of Rs.500000/- and PR bond in the like amount to the satisfaction of learned trial Court on 19.10.2016 by short order and above are the reasons for the same. WA/A-152/Sindh Bail granted.