' NAZIM HUSSAIN SIDDIQUI, J.---This order will dispose of Criminal Petitions Nos.42-K and 43-K of 2003. Criminal Petition No,43-K of 2003 is not pressed and the same is dismissed, as such.
2. Learned Judge of Accountability Court Sindh, Karachi convicted petitioner, Saeedullah Soomro, on 6-11-2001 under section 10 of National Accountability Ordinance, 1999 and sentenced him to suffer R.I. For 5 years and to pay fine of Rupees two crores or in default thereof to suffer further imprisonment for a period of 2-1/2 years. Against said judgment and conviction the petitioner preferred appeal before High Court on 13-11-2001, which is still pending for decision. He is in custody since 4-7-2001.
3. We heard the arguments and perused the record.
4. It appears that more than 12 times the appeal was fixed for hearing and on two occasions arguments were heard, yet, the judgment was not delivered. On one ground or the other as a routine the matter was adjourned. Under section 32(b) of the NAB Ordinance, the appeal is required to be finally disposed of within 30 days from the date of its filing. According to learned counsel, the petitioner has earned one year remission and now only about two years he is to remain in custody as substantive sentence. Mr. Tariq Anwar, D.P.-G. For NAB was not able to give any satisfactory reply as to why on so many occasions the matter was adjourned and why the concrete steps were not taken to conclude it within the time limit prescribed by law.
5. Accordingly, the petition is converted into appeal and the same is allowed. Bail is granted to the petitioner/appellant in the sum of Rs,50,00,000 (Rupees Fifty lacs) with P.R. Bond in the like amount with two sureties each being of Rs,25,00,000 (Rupees Twenty Five lacs) to the satisfaction of Deputy Registrar of this Court at Karachi.The appellant is directed to surrender his passport immediately before High Court, if so has not already been done. He will not be released on bail till above direction is complied with. NAB Authorities are directed to see that his name is entered in the exit control list.