Tariq Ahmed and others vs National Accountability Bureau through Chairman and others
This matter arises from petitions assailing orders of the High Court of Sindh at Sukkur granting anticipatory and post-arrest bails to accused individuals in various National Accountability Bureau references subject to the condition of depositing allegedly embezzled amounts. The core legal question concerns the legality of imposing such financial deposit conditions for bail and the propriety of wholesale treatment of bail petitions. The Supreme Court held that granting bail in an omnibus manner without regard to distinct facts, circumstances, and applicable legal regimes is impermissible, and that imposing a condition to deposit embezzled amounts is alien to law. The Court set aside the impugned orders, converted the petitions into appeals, and remitted the bail petitions back to the High Court for fresh decision on their own merits in accordance with settled principles.
- Whether a court can make the grant of bail conditional upon the deposit of allegedly embezzled amounts?
- Is the wholesale treatment of bail petitions in an omnibus manner without regard to distinct facts and circumstances permissible?
- What is the proper course of action when bail petitions are disposed of by the High Court without considering the distinct facts and applicable legal regimes of each case?
ORDER
QAZI MUHAMMAD AMIN AHMED, J.--The petitioners are arrayed as accused, in different NAB references; they were admitted to bails, both anticipatory as well as post arrest by a learned Division Bench of High Court of Sindh at Sukkur in different Constitution Petitions, allowed on different dates in lieu of deposit of amounts allegedly embezzled by the each petitioner , vires whereof are being assailed. With unanimity it is argued that not only the stipulated condition is alien to law but also virtually tantamount to denial of relief that too foreclosing further avenues for the petitioners. The learned Additional Prosecutor General NAB has assailed the impugned orders as well and with reasons more than one. According to the learned Law Officer, there existed irrefutable overwhelming evidence, documentary in nature, in each case that prima facie framed the accused with the impugned transactions heavily incurring upon the exchequer; he has further argued that in the absence of any element of mala fide there was no occasion for the learned Division Bench to extend judicial protection to the accused merely upon realization of embezzled amounts.
2. Heard.
3. Be that as it may, a wholesale treatment of motions seeking bails, pre-arrest as well as post arrest, in an omnibus manner , in isolation to the distinct facts and circumstances of each case as well as different legal regimes applicable thereto, fails to commend our approval. Exasperating delay in disposal of some of the petitions has also been viewed by us with disquiet, as it appears to have obstructed The investigative process by unnecessarily placing the prosecution in a disadvantageous position; it is equally discomforting to a claimant who justifiably seeks judicial protection. Petitions are converted into appeals and allowed; orders impugned are set aside. Bail petitions filed by the appellants before the High Court of Sindh are remitted and shall be deemed as pending for decisions afresh; Accused on pre-arrest bail shall be notified by the Court for their appearance and remain on ad interim bail upon furnishing bonds in the sum of Rs.500,000/- with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial) of Sukkur Bench before the month is out. his expected that the petitions shall be decided/disposed of with all convenient dispatch on their own merits having regard to the law declared by this Court in the case of Talat Ishaq v . National Accountability Bureau (PLD 2019 Supreme Court 12)