1. ' Vide this Petition it has been prayed that the initiation of the proceedingS against the Petitioner per the Reference filed before the learned Accountability Court be quashed since the same are based upon no evidence at all and are wholly illegal and ab initio so also a prayer has been made for pre-arrest bail.
2. ' On 29-6-2004 a Bench in which one of us namely; Sarmad Jalal Osmany J., was a member had heard CMA 3119 of 2004, which had been filed for the purposes of interim bail and had accordingly granted the same till the next date of hearing subject to the furnishing of surety in the amount of Rs,10,00,000 by the Petitioner to the satisfaction of the Nazir of this Court. We see that surety has been furnished.
3. ' Today, Mirza Sarfaraz Ahmed has submitted that he would not press the petition regarding quashment of proceedings before the learned NAB Court but at the same time he has prayed that interim bail to the Petitioner be confirmed so that he may be able to join the proceedings before the learned NAB Court. Per the learned counsel the Petitioner is already appearing before the Learned NAB Court.
4. ' This prayer has been opposed by Mr. Amir Raza Naqvi, ADGP, on the grounds that prima facie enough material has been placed on record to connect the Petitioner with the crime in question as enumerated in Reference No,28 of 2000 viz defalcation of the public money by the concerned accused who are the partners of Messrs T.J. Ibrahim and Co. And Messrs Alliance Motors (Pvt.) Ltd.
5. Per Learned counsel investigations have revealed that the property in question which was initially allotted to Ms. Nazli Rabbani was purchased by one Ilyas Amin, co-accused, from the funds of Messrs Alliance Motors (Pvt.) Ltd., who thereafter sold it to the Petitioner but without any formal documentations. Per learned counsel thereafter the Petitioner through coercion obtained the lease deed in question in his favour from Ms. Nazli Rabbani. Hence per Learned counsel no case been made out for pre-arrest bail. He has also referred to the order, dated 28-6-2002 passed in J.M.
6. No,1/89 and 74/89 by the learned Company Judge of this Court according to which co-accused Ilyas Amin has stated that in fact the property in question is the asset of both Messrs T.J. Ibrahim and Co. And Messrs Alliance Motors (Pvt.) Ltd.
7. ' In reply to submission Mr. Mirza Sarfaraz Ahmed has stated that an application under Order 12(2) has been filed for recall of such order.
8. ' We have heard both the learned counsel, in our opinion, prima facie, it appears that the property in question has been purchased from the initial allottee Ms. Nazli Rabbani by the Petitioner as per copy of the registered sale-deed on the record. It is the case of the Prosecution that such A registered sale-deed was obtained through coercion etc., and in fact per the admission of llyas Amin he had purchased it from Ms. Nazli Rabbani and later on it was sold to the Petitioner and consequently the property remained as part of the assets of Messrs T.J. Ibrahim & Co. Under consideration.
9. 'In these circumstances, we are of the opinion that the matter is one of further enquiry. Further more, we have been informed by Mr. Mirza Sarfaraz Ahmed that the Petitioner is attending the learned NAB Court; that the Charge is yet to be framed. We would, therefore, confirm the pre-arrest bail granted earlier to the petitioner only. Needless to say that any observation regarding the merits of the case are tentative in nature and shall not be considered by the learned Accountability Court while proceeding the matter. Petition stands disposed of in terms of the above.
10. Pre-arrest .