HOSH MUHAMMAD vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD
This matter arises from a bail application filed by the petitioner, Hosh Muhammad, who was implicated in a corruption reference relating to the fraudulent processing, sanctioning, and disbursement of building allowance bills for numerous school teachers in connivance with district accounts officers. The core legal question concerns whether the petitioner is entitled to post-arrest bail on the grounds of consistency, given that co-accused facing similar allegations and the primary accounts officers had already been granted bail by the Supreme Court of Pakistan and the High Court. The Sindh High Court held that since the principal co-accused had been granted bail and the Supreme Court noted that keeping accused persons in custody when recoveries had been effected served no useful purpose and amounted to punishment before trial, the petitioner was equally entitled to the concession of bail. The court confirmed the interim bail previously granted to the petitioner, strictly applying the rule of consistency in criminal jurisprudence.
- Whether an accused charged with conspiracy in a corruption reference is entitled to bail under the rule of consistency when co-accused facing similar allegations have been granted bail?
- Does the recovery of wrongfully drawn amounts by investigative authorities influence the grant of bail to an accused?
- Is it consistent with the spirit of law to withhold bail by way of punishment when trial is expected to take significant time?
ORDER
1. ' It is alleged that the District Accounts Officer process wrong and incorrect bills' of as many as 539, school teachers, in whose names . Amount of building allowance was drawn. It is further alleged that all such bill's after due process were sanctioned and passed by accused Nek Muhammad Dayo. Allegation against the petitioner is that he, in connivance with the other officers, teachers and in conspiracy with them was instrumental in getting the amount sanctioned/disbursed to the various school teachers. Some of the co-accused who were acting as accounts officers approached this Court for grant of bail, but this Court dismissed their bail applications on merits vide order dated 17-7-2006. They challenged the said order before the Honourable Supreme Court of Pakistan but the said Court, granted bail to them and observed in para 5 of the C.P.L.A. No,409-K of 2006 as under:- "Upon hearing learned counsel for the parties and examining the impugned order as well as the reference pending before the trial Court, we are prima facie of the view that the NAB authorities, having recovered sizeable amount wrongfully drawn by primary School Teachers in connivance with the staff members of District Accounts Officer and balance amount having been recovered after April, 2006,, it seems that NAB itself is not serious about sending the petitioners behind the bars. Even otherwise, no useful purpose would be served by sending them to prison and add to everincreasing overcrowding in the jails as the trial would take sufficient time. It is neither the spirit of law to withhold bail by way of punishment. Without commenting on the merits and demerits of the-allegations in the reference, since the petitioners voluntarily appeared before the. High Court and have also surrendered before this Court, we think a fit case for the exercise of constitutional jurisdiction and discretion in the matter of bail is made out."
2. The accounts officers have been granted bail by the Honourable. Supreme Court of Pakistan, the allegation against the petitioner is of conspiracy with them therefore, he is entitled to the concession of bail. The other co accused have also been granted bail by this Court on the rule of consistency, after the grant of bail to accounts officers. Hence following the rule laid down by the Honourable Supreme Court of.
3. ' Pakistan in the above mentioned authority, the interim to the petitioner vide order dated 22-2- 2007 is confirmed on the same terms and conditions.
Cited by 2 cases
- ALI DINO GAHOTI Versus DIRECTOR GENERAL NAB 2017 PCrLJN 138
- ALI DINO GAHOTI Versus DIRECTOR-GENERAL NAB 2017 PCrLJN 193