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.