Petitioner Jafar Rata S/o Muhammad Hussain, Ex-Member (Engineering) C.D.A., Islamabad presently confined in Adyala Jail, Rawalpindi through writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has sought suspension of his sentence and release on bail till the final disposal of the appeal pending before this Court against the judgment dated 25.10.2010 passed by the learned Judge, Accountability Court No, IV, Rawalpindi/Islamabad in Reference No, 95/2004 whereby the petitioner was convicted and sentence under Section 10 of the National Accountability Ordinance, 1999 to undergo 10 years R.I. with fine of Rs,20,00,000/- and in default of payment of fine to undergo further imprisonment for one year R.I.
2. Learned counsel for the petitioner submitted copy of the order dated 27.12.2010 passed by this Court in Writ Petition No, 24338 of 2010 whereby co-convict of the present petitioner namely, Ahmed Junaid Kareem was allowed bail after suspension of his sentence. Learned counsel further argued that as earlier vide order dated 2.12.2010 passed by this Court in W.P. No, 23377 of 2010 another co-convict of the petitioner, namely, Shaukat Abbas Hamdani, Contractor mainly involved for the charge under Section 9(a) of the National Accountability Ordinance, 1999 had been extended the Same concession therefore, on the principle of consistency .the present petitioner is also entitled for the same relief. Learned counsel contends that the case of the petitioner is at par rather on better footings than both of the aforementioned co-convicts/appellants. He next argued that the petitioner is also suffering from different ailments copies of medical record is present at pages 59 to 120 of this writ petition. At the end learned counsel for the petitioner prayed that as total amount involved in the above mentioned Reference was Rs,60,00,000/- which both the co- convicts of the petitioner have already deposited before the Court as a condition for grant of bail and there is no allegation against the petitioner that he either secured or remain involved in mis- appropriation or taking any unlawful benefit in respect of said amount, therefore, he be allowed bail by suspending his sentence subject to furnishing surety bonds as demanded from the co- convicts.
3. Learned Senior Prosecutor for NAB in view of the concession of suspension of sentence of the co- convicts as referred above did not oppose this petition, however, he agitated that the petitioner be also directed to deposit Rs,30,00,000/- in cash in Court as a condition precedent for his release along with the surety bonds.
4. We have heard the learned counsel for the parties and perused the record.
5. Case of the petitioner according to the factual aspects as, we have seen at this stage seems at par with his co-convicts for the purposes of grant of bail by suspending his sentence rather petitioner's case is on better footing as agitated by the learned counsel for the petitioner.
Therefore, while allowing this petition the sentence passed against the petitioner is suspended and it is directed that he be released on bail subject to furnishing bail bonds in the sum of Rs,20,00,000/- with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Bench.