Rafq Ahmed Hakro (Petitioner) VS NAB & Other (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

C.P.No.D-500 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

Date of hearing: 03.09.2019.

Date of decision:19.09.2019

Petitioner is present on interim pre-arrest bail. Mr. Ishrat Ali Lohar, advocate for petitioner. Mr. Jangu Khan Senior Special Prosecutor NAB.

It is alleged by the NAB authorities that the petitioner being area Manager at National Bank of Pakistan at Main Branch Dadu, opened fake accounts, thereby allowed misappropriation of millions of rupees of public money against fake pension bills / invoices for that he was booked and reported upon by way of filing a reference against him before learned trial Court.

2.The petitioner apprehending his arrest in above said reference has sought for pre-arrest bail from this Court by way of instant constitutional petition, which is objected by the NAB authorities by way of filing written objection.

3.It is contended by learned counsel for the petitioner that the petitioner being innocent has been involved in this case falsely by the NAB officials and he has nothing to-do with the alleged misappropriation. By contending so, he prayed for grant of pre- arrest bail to the petitioner on point of malafide.

4.Learned SPP for NAB has opposed to grant of pre-arrest bail to the petitioner by contending that he has facilitated withdrawal of the public money through fake accounts.

5.We have considered the above arguments and perused the record.

6.There is no denial to the fact that the petitioner at the time of incident being bank officer was posted at Mezan Bank Dadu, he as such, was hardly having a connection with the preparation of fake pension bills / invoices. In these circumstances, it is rightly being contended by learned counsel for the petitioner that the petitioner is entitled to grant of pre-arrest bail on point of malafide.

7.For what has been discussed above, it could be concluded safely that the petitioner has been able to make out a case for grant of pre-arrest bail. Accordingly, instant petition is allowed and interim pre-arrest bail granted to petitioner is confirmed on same terms and conditions.

JUDGE

JUDGE

Ahmed/Pa,