Case Details

Citation(s)
2016 SLG 2973 2016 SLD 2973 2016 YLR 2624
Sindh High Court
Const. Petition No. D-4570 of 2015, decided on 19th April, 2016. DATE of hearing: 6th April, 2016.
AQEEL AHMED ABBASI AND MUHAMMAD FAISAL KAMAL ALAM, JUSTICE

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MUNIR AHMED SEELRO

VS

FEDERATION OF PAKISTAN THROUGH CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU (NAB), Islamabad court AND 3 OTHERS

Law:

Section:

National Accountability Ordinance (XVIII of 1999)---.--- ---.---S.9---.---Embezzlement in G. P. Fund---.---Bail, grant of---.---Further inquiry---.---No specific role had been assigned to the accused with the alleged offence---.---Accused had been implicated on the basis of statement of co-accused---.---Prosecution had some doubt with regard to identity of accused---.---Facts required further inquiry for proving the guilt of the accused with regard to alleged offence---.---Accused opted for plea bargain which could not operate as a bar for withholding the bail if accused otherwise had made out a case for grant of bail on merits---.---Accused was granted bail subject to bond of Rs. 5,00,000/- in the like amount to the satisfaction of Trial Court. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.------ Through instant petition, the petitioner namely, Munir Ahmed son of Muhammad Juman Seelro has sought his enlargement on bail after his arrest in NAB Reference i.e. Ref. No.1 of 2015 (previously Reference No.7 of 2014). Petitioner was arrested in above NAB reference No.1/2015 State v. Noor Muhammad Ujjan and others, on the allegations of embezzlement/misappro-priation of G.P. Fund of District Accounts Office, Shikarpur. Case of Respondent NAB is that Petitioner and other co-accused, inter alia, in connivance with each other have embezzled an amount of Rs. 46.949 Million by preparing 74 bogus GP Fund bills and thus caused loss to the public exchequer. Reference has been filed and the case is pending adjudication in the learned Accountability Court at Sukkur, whereas, petitioner is behind the bars since his arrest, however, he is no more required for any further inquiry or investigation. 2. Learned counsel for petitioner has strenuously argued that no specific role has been assigned to the petitioner in the above NAB Reference, which may connect the petitioner with alleged offence of embezzlement/misappropriation of GP funds, nor any material whatsoever has been collected or produced by the NAB authorities before the learned trial Court or even before this Court, except alleged acceptance of guilt by petitioner who had filed application of voluntary plea…
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