Through the. Instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for his post-arrest bail in an Inquiry, which has been authorized against him by the Chairman NAB, under section 18(c). Of the NAB Ordinance, 1999 vide letter No. 1(9)HQ/754/NAB-P, dated 9-4-2010 on the allegation of Corruption and Corrupt Practices.
2. Facts essential for the adjudication of the case in hand are that pursuant to authorization of Inquiry by the Chairman NAB vide letter mentioned above, the petitioner was arrested by NAB Punjab on the allegation that the petitioner, being brother-in-law of the principal accused, Qasir Nazir Rana, worked as agent for him. It was further alleged that there was transaction of money in the account of petitioner and he was beneficiary of the defrauded amount as "BENAMIDAR". The petitioner had undergone physical remand with NAB for 87 days whereafter on 7-8-2010, he was sent to the Judicial Lock up by the Judge Accountability Court, Lahore.
3. Learned counsel for the petitioner submitted that the case against the petitioner is still at inquiry-stage and during inquiry, Inquiry Officer of NAB could net collect any evidence to prove that the petitioner was engaged in any illegal and unlawful transaction. He further submitted that the petitioner was just an employee of principal accused, Qasir Nazir Rana and his partner, who were running a lawful business, and petitioner was employee in the section of sale and purchase of car, the amounts received or paid were through bank receipts or voucher and were properly documented. Lastly added that petitioner is facing said inquiry for the last more than one year and is behind the bars since 7-8-2010, after facing the agony of 87 days physical remand, the NAB Authorities could not collect any piece of evidence to involve him with the commission of crime under NAB Ordinance, 1999 and this petition be allowed and the petitioner be released on bail.
4. On the other hand, learned Legal Expert for the NAB filed fresh report in this case and opposed this petition half-heartedly, rather conceded that up till now, no material could be collected by the Inquiry Officer against the petitioner to connect him with the commission of the alleged crime of corruption and corrupt practices. Further submitted that petitioner and his brother Mohsin Abbasi were working as manager/ employee of principal accused Rana Qasir Nazir (brother-in-law of the petitioner) and the several affectees, who deposited their amounts through Ahsan Abbasi, already lodged F.I.Rs. Against the principal accused as well as present petitioner in different police stations.
However, the learned Legal Expert could not rebut the contention of learned counsel for the petitioner that so far no incriminating evidence in the shape of "BENAMI" property could be unearthed except a motorcycle which also stood registered in the name of principal accused.
5. Heard. Record perused.
6. The petitioner has been arrested during the inquiry in respect of alleged commission of an offence under section 9(a) of the National Accountability Ordinance, 1999 read with the offences mentioned in the schedule attached thereto which is punishable under section 10 of the NAB Ordinance, 1999. Nevertheless, neither the inquiry has been completed nor a reference has been filed under section 18(g) of the NAB Ordinance, 1999. The petitioner was arrested on 13-5-2010, he remained on physical remand for 87 days and was sent to judicial lock up on 7-8-2010. The application of the Inquiry Officer dated 7-8-2010 submitted before the Administrative Judge.
Accountability Court, Lahore, is available on the file. In para No.3, of the said application, the Investigating Officer stated that from perusal of bank record, office data retrieved from the CPU of Mohsin Abbasi and examination/ interrogation of accused persons and witnesses the criminality and involvement of Ahsan Abbasi in the instant scam did not surface. Even today, the Investigating Officer along with the Legal Expert NAB were not in a position to refer any piece of evidence to connect the accused with the allegations levelled against him. Additionally, in the report submitted before this Court today, the NAB Authorities admitted that no "BENAMI" property unearthed against the petitioner till date except the motorcycle which stood registered and used by him on behalf of principal accused. More than one year has passed from the date of arrest of the petitioner, but the Investigating Officer was not, in a position to collect any piece of evidence against him. In these circumstances, we do not feel it appropriate to keep the petitioner behind the bars just on the ground that he was an employee and brother-in-law of the main accused involved in this scam.
7. In the light of above discussion, this petition is allowed and the petitioner is released on bail subject to furnishing bail bond in the sum of Rs.5,00,000 (five lacs) with two sureties in the like amount to the satisfaction of the learned Administrative Judge, Accountability Court, Lahore.