SALMAN HAMID, J. --- By way of present measure, the Petitioner has prayed for bail in Reference No. 74-A of 2007 - State v. Zulifiquar ,A.I 4bbsi & others (Reference), in anticipation of adjudication before Accountability Court No. 5, Sindh, Karachi (Accountability Court). Facts discernable from the file, in a nutshell, seem to be that an inquiry was conducted by the NAB authorities in Complaint No. 198/2007 of Anti-Corruption Establishment (ACE), Karachi, wherein it was alleged that the land grabbers namely Muhammad Asad, Nooruddin and others with the active collusion of revenue staff, Gulshan-e-lqbal Town, Karachi, managed and kept sham/phony entries in the Record-of- Rights and used such entries to their advantage and to the detriment of the State whereby colossal loss had been caused by them to the public exchequer. During inquiry it transpired that the Applicant being a tapedar of Gulshan-e-lqbal Town, Karachi was hand in gloves with other co- accused in causing such loss and deriving illegal gains therefrom.
2. In above milie learned counsel for the Petitioner am angst others argued that an F.I.R. No. 67/2007, dated 30.07.2007 of police station ACE, Karachi was lodged against the accused mentioned therein under Sections 161, 217, 420, 468, 417, 109 and 34, Pakistan Penal Code read with Section 5(2), Anti-Corruption Act, 1947. The name of the Petitioner was not mentioned in this F.I.R. Unlike as subsequently transpired in the Reference. It was also argued that the main accused in the Reference have been granted bail by this Court, and, therefore, as a rule of consistency, the Petitioner may also be granted bail by extending benefit of such rule. It was next contended that initially the name of the Petitioner was not shown in the F.I.R. And he was dragged into the Reference. Therefore, per learned counsel the question of the guilt of the Petitioner requires further probe and his case falls within sub-section (2) of Section 497, Criminal Procedure Code. The Petitioner is also entitled to such a bounty.
3. On the other hand Special Prosecutor, NAB resisted the prayer of bail. It was argued that the Petitioner under the Land Revenue Act, 1967 (Act 1967) and in particular Section 42 thereof was duty bound to keep the revenue record checked and maintained and he in discharging his statutory duties allowed false entries to continue and is therefore guilty of offences punishable under Sections disclosed in the F.I.R. Inasmu ch as because of such fraudulent negligence loss to the public exchequer had been caused. It was also contended by the learned Prosecutor, NAB that since the Petitioner has failed to make out any case of further inquiry, as attempted, and/or that the rule of consistency is also not available to him he should not be allowed dispensation of bail.
4. We have considered the arguments of the learned counsel on either end and have perused the record.
5. It emerged from the record of the file that government land in NaClass Nos. 162, 166, 170, 171 and 179, Bhittaiabad, Karachi (Government Land) had been transferred by Zulfiquar A.I Abbasi, Mukhtiar kar Gulshan-eIqbal Town, Allah Rakha Sipio, Tapedar Deh Safooran (both on bail) and others in the names of private persons on the basis of forged and fabricated documents with the result that an inquiry was authorized in or about December, 2005.
After inquiry investigation was authorized by the Director General, National Accountability Bureau, Sindh in June, 2006 and thereafter F.I.R. Was registered in or about July, 2007 against above Zulfiqar A.I Abbasi and others. Interim challans were filed and Reference is pending before Accountability Court. It is evident from the Reference that the investigation report that was submitted by investigating officer was that old revenue record from Gulshan-e-lqbal Town from the years 1915, 1916 to 1999 was altered and forged in the year 2003-2004 by accused (other than the Petitioner) and against him there is an allegation that he acted with them. It is also evident from the Reference that for the purposes of illegal and fraudulent transfer of the Government Land, accused other than the Petitioner forged the record of the office of Sub-Registrar, Agriculture Land East, Karachi in connivance with other accused mentioned therein and that accused other than the Petitioner had provided forged and bogus cover for transfer of the Government Land in the name of other private accused. Only allegation against the Petitioner is that he kept bogus and fraudulent entries during his tenure entries were inserted in the old Record-of-Rights by him in connivance with accused Nos. 1, 2, 6 and 7, mentioned in the Reference. These main Accused, whose name also transpire in the F.I.R. Have been granted bail by this Court.
6. It is plain from the record and/or that name of the Petitioner did not come out but in Reference it is mentioned that during his incumbency bogus and fraudulent entries were kept in the Record-of-Rights and therefore, because of such keeping of the entries he is also guilty of offences as reflected in the F.I.R. We may observe that the Petitioner being one of the functionaries of the government department, was working under his higher-ups and/or concerned Mukhtiarkars and appreciating that the entries were made and were kept as such by other officials together with the Petitioner, it is yet to be established if there were only foul play by the Petitioner in respect of the fraudulent entries for which further probe is obligatory. Such being the case, at present Petitioner's case falls within sub-section (2) of Section 497, Criminal Procedure Code and advantage thereof ought to go to him, more particularly when the co/main accused have been granted bail by this Court which by itself is a reason enough, keeping the rules of consistency for bail to the Petitioner. For the foregoing reasons, the Petitioner was granted bail, by a short order dated 04.01.2012, subject to his furnishing a solvent surety in an amount of Rs. 300,000/- and PR bond in the like amount to the satisfaction of Nazir of this Court.
Bail after arrest granted.