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2012 MLD 1180

DANISH AHMED vs THE STATE through Chairman NAB

Citation2012 MLD 1180
CourtSindh High Court
Case No.Constitutional Petition No.D-596 of 2012
Date2012-04-02
Judge(s)Faisal Arab, Nadeem Akhtar
ResultPetition allowed

ORDER

1. ' Reference No. 5 of 2010 was filed by NAB against the present petitioner. The allegation against the petitioner was that while he was appointed on a clerical post of Key Punch Operator, he issued fake offers/appointment orders to various individuals for their appointment in various public sector/departments and in this way received illegal gratification to the tune of Rs.6,12,000.

2. ' The petitioner filed C.P. No. D-1187 of 2011 seeking bail from this Court which was dismissed vide order dated 5-10-2011 with the direction to the trial Court to decide the matter within two months.

3. Admittedly, trial Court failed to conclude the matter till todate thereafter the petitioner has filed the present petition for bail, afresh.

4. ' Learned counsel for the petitioner contends that 80 witnesses have been listed by the prosecution to be examined by the trial Court, out of which only 16 witnesses have been so far examined. He further states that on conclusion the petitioner shall be punished under section 420, P.P.C. And no offence under NAB Ordinance is made out. Fifteen days and the case has not been decided by the trial Court till to The petitioner is in jail since last one year nine months and date, in spite of directions of this Court.

5. ' In support his contention the learned counsel has relied upon the case of Muhammad Naeem Anwar v. National Accountability Bureau and others, PLD 2008 SC 645, wherein the cases of Khan Afsandyar Wali v. Federation of Pakistan PLD 2001 SC 607; Muhammad Saeed Mehdi v. State 2002 SCM R 282 and Aga Jehanzeb v. NAV and others 2005 SCM R 1666 have been relied upon.

6. ' On the other hand, the learned Senior Prosecutor NAB submits that seven more witnesses shall be examined. He has however, not argued that the two months given to the trial Court to conclude the matter, in terms of order dated 5-10-2011 any delay is attributed on the part of the petitioner.

7. ' In the circumstances, we are of the view that the conclusion of the trial may take some time. The petitioner is in jail since last one year nine months and fifteen days, hence the petitioner is entitled to be enlarged on bail.

8. ' Accordingly, the petitioner is granted bail subject to furnishing solvent surety in sum of Rs.6,00,000 (Rupees Six Lacs) and PR Bond in the like amount to the satisfaction of the trial Court.

9. ' The trial Court is directed to conclude the matter within four months.

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