2008 PLP 795 (YLR)

SYED MEHMOOD ALAM RIZVI, J.

Petitioner has come up with the following prayer that:-- "This Hon'ble Court be pleased to grant bail to the petitioner Azam Solangi s/o Allah Dino. It is further prayed that this Hon'ble Court be pleased to pass an ad interim order in the matter and/or any relief or reliefs this Hon'ble Court deem fit and proper under the circumstances of the case."

2. The precise facts of the case are that the petitioner in custody is Ex-Assistant District Officer, Education (M-Garhi Yasin) (BPS-18) Prior' to his arrest was posted as Assistant District Officer, Education at SITE. The National Accountability Bureau (N.A.B.) has filed a Reference bearing No.69/2007 pending before the Accountability Court, Karachi against 67 officials of District Accounts Office, Shikarpur Education Department, other different departments, and Bank officials for their involvement to embezzlement of General Provident Fund (GPF) to the tune of millions of rupees during the year 2002-2003. Prior to filing of the Reference during investigation, voluntary return offer of 29 persons was accepted by the competent authority, therefore, they have not been arrayed in the above Reference, 21 persons have discharged their liability 8 persons have not yet returned the amount of illegal gain and the legal proceedings against voluntary return defaulters are being separately initiated under the National Accountability Bureau Ordinance, 1999 (hereinafter referred to as the `Ordinance').

3. That the evidence collected during investigation establishes that all the accused in connivance and in collaboration with each other misappropriated an amount of Rs.222.092 million on the basis of forged and fake GPF bills and thus through corrupt, dishonest or illegal means obtained for themselves pecuniary advantage. The accused have committed the offences of corruption and corrupt practices as defined in clauses (iii), (iv), (vi); (xi) and (xii) of section 9 (a) punishable under section 10(a) of the Ordinance and forgery/falsification of accounts punishable under sections 468/ 471/477-A, P.P.C. in the schedule of the Ordinance.

4. This is very strange that out of 67 persons only the petitioner has been arrested so far. Some of the accused persons surrendered before this Court and have obtained interim pre-arrest bail without touching the merits by filing different petitions which are still pending for adjudication.

5. We have heard the advocate for the petitioner and ADPGA for NAB and perused the record of the case very carefully.

6. The learned advocate for the petitioner contended that the petitioner is innocent and has been falsely implicated in the above case with mala fides. His arrest is a proof of his malicious involvement as rest of 66 persons were moving around, but NAB never bothered to arrest them. He further contended that he was authorized Drawing & Disbursing Officer (DDO), therefore he signed the cheques, as being DDO it was his job and had no concern with the passing of bills and no proof is available with the prosecution to connect him in the above Reference.

7. He also contended that in Para 13of the Reference it is mentioned that accused at Serial Nos.11 to 67 have committed the crime in connivance with each other while the petitioner has been placed at Serial No.5 so no case is made out against the petitioner.

8. On the other hand, Mr. Ainuddin Khan learned ADPG NAB referred the application for opening saving accounts and cheques, the bills which were duly passed by the petitioner and the statements under section

161. Cr.P.C. of the different account holders who have stated that the said amount was neither deposited, in their accounts nor they had encashed the same as the cheques were never received by them and prima facie case has been established against the petitioner and it is at primary stage hence the petitioner is not entitled for the bail.

9. After perusal of the record, it is found that the cheques were issued in the name of account holders. For instance a cross-cheque dated 11-11-2002 duly signed by the petitioner. was issued in the name of P.W. Azizullah Soomro, but later on, the said "cross-cheque" was altered by the petitioner himself and after putting his initials he encashed the same and even the bail was duly passed by the petitioner. Azizullah Soomro categorically stated that he had neither applied for GP Fund advance nor the said amount of GP Fund of Rs.40,900 was ever received by him and he had produced his original service book which shows that no endorsement of G.P Fund payment or sanction order was available and he further stated that this is absolutely nothing but fraud. In the same manner, the other account holders also implicated the petitioner and almost in all cases the amount has been encashed by making fake signatures of the accountholders and in this way the petitioner had passed 89 fake bills, as a result, misappropriated the amount of Rs.8.388 million.

10. That regarding the contention of the learned advocate for the petitioner that in para 13 of the Reference the petitioner is not among the accused Nos.11 to 67, we do not agree with the contention of the learned counsel as in the same pars at serial No.5 the gist of the allegation has been given against the petitioner by showing that he has passed 89 fake bills out of 91 thus misappropriated Rs.8.388 million vide account No.829-8 of National Bank of Pakistan.

11. After considering the material available on the record we are of 'the considered view that there are reasonable grounds for believing that the petitioner is involved in the case, as such, he is not entitled to the concession of bail. The observations made in the judgment are tentative in nature, which shall not come in the way of trial Court while deciding the case. The petition is dismissed. H.B.T./A-150/K Bail refused.